HomeMy WebLinkAbout2018-02-20-HDC447-rpt
Report of the
Historic Districts Commission Ad Hoc 40C Study
Committee
to the
Lexington Board of Selectmen
Members
Anne Laurin Eccles, Chair
Susan Bennett
Daniel Fenn
Marilyn Fenollosa
Lester Savage
Liaison
Michelle Ciccolo, Selectman
Draft 2/20/18
Table of Contents
Executive Summary ........................................................................................................ 1
Introduction ..................................................................................................................... 2
Process ........................................................................................................................... 4
Section by Section Analysis of Proposed Amendment .................................................... 6
Exhibits
Exhibit A Historic Districts Commission Special Act, Chapter 447, Acts of 1956
Exhibit B Massachusetts General Laws Chapter 40C
Exhibit C Chapter 447 vs. MGL Chapter 40C Comparison Chart
Exhibit D Proposed Amendment of Chapter 447
Exhibit E Ch. 447 with Proposed Amendments
Exhibit F Historic Districts Commission Ad Hoc 40C Study Committee Final Charge by
the Board of Selectmen
Exhibit G List of Massachusetts Historic District Commissions indicating Special Act or
Ch. 40C Jurisdictional Basis
Exhibit H Chart listing Special Act Historic District Commission Appointment Processes
Appendices (Available upon request)
Appendix I Notes from Ad Hoc Committee Member Interviews with Special Act
Community Officials
Appendix II Texts of All Massachusetts Special Act Historic District Legislation
Executive Summary
The Lexington Board of Selectmen charged the Historic Districts Commission Ad Hoc
40C Study Committee (hereafter with the study and comparison of the
provisions of the Historic Districts Special Act (hereafter
Chapter 447, Acts of 1956, Exhibit A) and Massachusetts General Laws Chapter 40C
(hereafter Exhibit B), which is the statewide enabling legislation, along with
studying the process for conversion to 40C legislation.
Following study of the historic district bylaws and ordinances of various communities,
interviews with local officials and collection of data (delineated in the following
section), the Committee determined that there were advantages and disadvantages to
both Special Act and the statewide 40C enabling legislation, and that an
update of our Special Act would best accomplish the goals of clarifying the
enabling legislation and bringing it in line with statewide principles and current practice.
The Committee drew from 40C the language to either define terms that were vague or in
conflict with norms, to streamline certain procedures and to document current HDC
practice. The Committee also drew on language from the Board of Selectmen included
on the HDC website page. Certain anachronisms from the original 1956 Special
Act were eliminated entirely. The changes are highlighted in red as inserted in the body
of the Special Act in Exhibit E.
As an additional conclusion, the Committee felt that the most successful Special Acts
still in use were the ones that were regularly updated, and that Special Act
should be reviewed at regular intervals, no longer than a decade apart, to continue to
keep it strong and relevant.
____________________________ ___________________________
Anne Laurin Eccles, Chair Date
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Introduction
The 1956 Special Act establishing the first historic district in Lexington as well as the
Historic Districts Commission was the third of its kind in the Commonwealth, following
Nantucket and Beacon Hill. It has remained virtually unchanged in substance for over
sixty years, except for amendments that established additional historic districts in town.
Since Special Act was passed, there have been many developments in
Massach regulation of historic districts:
most notably, legislation popularly referred to as was first enacted in
1960 and subsequently amended to establish a state-wide legal framework for
local historic districts. Cities and towns can adopt 40C instead of seeking a
Special Act for the establishment of historic districts and commissions;
a number of towns have adopted their own Special Acts and have sought
amendments to their acts as they have gained experience operating under them;
the Massachusetts courts have interpreted both 40C as well as some
Special Acts, providing guidance for commissions and towns. There has
been very little court interpretation of Special Act; and
Lexington now has over six decades of experience operating under its
Special Act, providing a good basis for evaluating its effectiveness.
Revisions to Special Act are long overdue to achieve the following goals:
update the Lexington Code to be more easily read and understood by
HDC members and the residents of Lexington, by deleting archaic or
unnecessary provisions and defining vague, ambiguous or contradictory
provisions;
conform Lexington's regulatory scheme, to the extent appropriate, to
statewide principles and process governing historic district commissions;
acknowledge and document long-standing and effective practices of the
HDC;
strengthen the nominating process for HDC membership to assure the
appointment of qualified candidates;
augment criteria for assessing appropriateness;
provide specificity for procedural matters;
address the parties that can appeal an HDC decision; and
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strengthen penalties for non-compliance.
The proposed amendments to the Act were formulated by an Ad Hoc Study Committee
appointed by the Selectmen. This Committee, whose members are listed at the
beginning of this Report, reached out to 14 localities to learn about their experiences
operating under Special Acts and also compared the Lexington Special Act to 40C. The
Committee considered but rejected the idea of recommending that the Lexington
Special Act be replaced 40C. It concluded that this size fits approach was not
appropriate for Lexington and that instead, limited amendments to the Lexington Special
Act that draw on the precedents both of 40C and other special acts are more
appropriate.
The ad hoc study recommendations were reviewed and recommended to
Town Meeting by the Historic Districts Commission by XXXX vote on March 1, 2018.
The composition of the current HDC is listed below.
Members Associates
Anne Eccles, Chair Lee Noel Chase
Robert Adams Thomas Fenn
Edward Adelman Donna Hooper
Robin Lovett Paul O'Shaughnessy
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Process
At the request of members of the Historic Districts Commission, in November, 2017, the
Board of Selectmen appointed a "40C Ad Hoc Study Committee". The Board's charge
stated the following:
"The Lexington Historic Districts Commission was created in 1956 through a
Special Act of the Legislature (Chapter 447, Acts of 1956, An Act Establishing an
Historic Districts Commission for the Town of Lexington and Defining its Powers
and Duties, and Establishing Historic Districts in the Town of Lexington, as
amended). At the time the Special Act was enacted, only two other communities -
Nantucket and Beacon Hill - had historic district commissions. Subsequent to
that time, however, many more communities requested similar legislation and as
a result in 1960 the Legislature enacted enabling legislation in Massachusetts
General Laws Chapter 40C ("40C") to standardize the administration and
practices of historic district commissions across the Commonwealth. Of the 100+
HDCs in Massachusetts, only a few HDCs remain outside this regulatory scheme
-- 40C itself provides a conversion mechanism. This Committee will study the
provisions of 40C, the differences between 40C and the Lexington Special Act,
and the process for conversion to 40C".
(For complete text of Selectmen's charge, See Exhibit F.)
Following the appointments, the Ad Hoc Committee met several times during January
and February, 2018, to compare the two statutes (Lexington's Special Act Ch. 447 and
MGL Ch. 40C) and identify the preferred provisions of each. The Ad Hoc Committee
members also conducted a series of interviews with representatives of all of the known
Special Act communities in Massachusetts, as well as former Special Act communities
that had converted to Ch. 40C, to determine their experiences and satisfaction or
dissatisfaction with their statutes. (For a list of all the historic district legislation in
Massachusetts, see Exhibit G. The questions and answers from the interviews are
included in Appendix I, available upon request).
Based on these interviews and analysis of the Lexington statute, and recognizing the
long and mostly satisfactory experience of the Lexington Historic Districts Commission
within the existing framework, it was decided by the Ad Hoc Committee to recommend
amending Ch. 447 rather than converting to Ch. 40C. The Ad Hoc Committee then
reviewed Ch. 447 to determine what provisions needed to be modified to conform the
Act to Massachusetts practice, eliminate ambiguities and vague terms, delete
redundancies and reflect modern needs. At the same time, the Ad Hoc Committee was
careful to preserve the sections of Ch. 447 that have enabled the preservation of
Lexington's historic resources over the last 60 years.
The Ad Hoc Committee presented its findings to the Historic Districts Commission on
March 1, 2018, whose members voted ___________ to recommend amendments to
Ch. 447 to 2018 Annual Meeting. The Ad Hoc Committee also held a public hearing on
March 8, 2018, to which the public and former members of the HDC were invited, to
receive their comments and questions.
The results of this study and hearings are incorporated into a proposed amendment to
Chapter 447. This amendment will be presented to the 2018 Annual Town Meeting,
requesting Town Meeting Members to authorize the Board of Selectmen to petition the
Massachusetts General Court for an act to amend Chapter 447. The text of the
amendment, as well as a section-by-section analysis of the proposed changes, are
included in the following pages.
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Proposed Amendment to Chapter 447
Section by Section Analysis
As described above, the Ad Hoc Committee considered adopting MGL Ch. 40C versus
amending Special Act Ch. 447, and ultimately decided that amending the existing
Special Act was the preferred course of action. Accordingly, the Committee makes the
recommendations for amending the Special Act set forth in the draft Amendment
document attached to this Report as Exhibit D. The proposed changes to Ch. 447 are
described below, on a section-by-section basis.
The current version of Ch. 447 permits appeals of HDC findings to the superior
court by "any aggrieved person", without further definition (see Section 10, Appeals).
This has raised questions as to who has "standing" - the legal term for persons qualified
to bring suit because of their specific interest in a case or controversy. Chapter 40C ,
whose definition is included in these amendments, limits standing to the applicant, the
owner of any adjoining property, any owner of property within the same historic district
as the applicant's property, any owner of property within 100 feet of the applicant's
property lines, and any charitable corporation in which one of its purposes is the
preservation of historic structures or districts. Court findings in recent litigation against
the HDC refused to permit standing to residents located more remotely from the subject
property; it is believed that this amendment will eliminate any ambiguity as to standing in
future disputes.
The HDC, in its guidelines, has long exercised jurisdiction over fences, walls,
terraces, walks and driveways, as does Ch. 40C. This amendment codifies this practice
to avoid any uncertainty.
The current version of Chapter 447 names four nominating organizations: the
Board of Selectmen, the Lexington Historical Society, the Trustees of Cary Memorial
Library and the Lexington Arts and Crafts Society. These later two organizations have
often found it difficult to identify qualified candidates; as a result, this amendment
replaces those organizations with the Lexington Design Advisory Committee, a
committee uniquely qualified to assess and nominate appropriate candidates because
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of the architectural and design backgrounds and experience of its members. Of course,
the Board of Selectmen can continue to seek nominees from the Trustees of Cary
Memorial Library and the Lexington Arts and Crafts Society for their designated
appointments.
The amendment also includes certain criteria for nominations, as developed by
the Board of Selectmen and incorporated into the HDC's page on the town website.
Finally, the amendment deletes the requirement that the HDC elect a secretary, a
post not needed given the staff support provided by the town's Land Use, Health and
Development Department.
This reference was unclear to the Ad Hoc Committee, and the Committee was
unable to determine when it was added or to what provisions it references. For clarity,
the Committee recommends deleting it, and a similar "See note 2" appearing at the end
of the first paragraph of Section 6. Exclusions.
This provision is suggested to provide additional certainty for the HDC in cases
where it yields its jurisdiction over protected properties due to an unsafe or dangerous
condition which requires immediate remedy. It will also facilitate action where the
condition arises and must be corrected before the next regularly scheduled meeting of
the HDC.
Ch. 447 has always allowed the HDC to impose conditions on its approvals -- see
Section 9, Powers, Functions, and Duties of Commission, subsection(a), 7th paragraph.
This proposed language incorporates the Ch. 40C language on temporary structures
and signs, providing additional clarity to HDC decision-making.
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Subsection 9(a)(2), and the definition of "Exterior architectural feature", have
always provided for review of paint color by the HDC. This subsection provides,
however, that the exterior color of any building in the Historic Districts may be changed
to white without application to the HDC for a certificate of appropriateness. HDC
guidelines also provide that no hearing is required to paint a house But the
guidelines also state that it is appropriate that the Department of Land Use, Health and
Development be notified of any change of color, noting that there are many off-shades
of white with specific names which are very definite colors. These colors would require
an unadvertised, formal hearing. Because of this potential conflict, the Ad Hoc
Committee recommends deletion of subsection (c) and reliance on its regular review
procedures for applications concerning any color change.
The Ad Hoc Committee believes that the existing language is too discretionary
and leaves the HDC exposed to claims from parties who believed they were "affected
thereby" yet were not notified. This language adopts the language used by the Planning
Board and other Lexington boards and committees for identifying parties entitled to
notice.
Based on its review of all known Special Act historic district commissions, the Ad
Hoc Committee believes that the Lexington HDC is the only historic district commission
in the Commonwealth that prohibits the consideration of size and design in reviewing
new construction and additions. In contrast, Ch. 40C is explicit in its language
permitting such review, as an important element in protecting the architectural and
historic integrity of the existing building. The Ad Hoc Committee proposes this
language, copied from 40C, to protect its essential powers of review.
The Ad Hoc Committee also recognizes the importance of modification of historic
structures for energy efficiency, and notes that the HDC has promulgated guidelines to
inform the installation of solar facilities in the historic districts. The Ad Hoc Committee
therefore proposes that a policy statement be incorporated into the Special Act that
reflects the HDC's willingness to accommodate this technology.
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The Ad Hoc Committee notes that the existing penalties for violation of Ch. 447 --
fines of no more than $500 in total -- provide neither disincentives nor adequate
mitigation for willful disregard of HDC actions. By imposing a fine on a daily basis, the
Lexington HDC would align itself with other Special Act communities and those HDCs
that have adopted Ch. 40C.
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Exhibit A
Historic Districts Commission Special Act
Chapter 447, Acts of 1956
CHAPTER 447, ACTS OF 1956
AN ACT ESTABLISHING AN HISTORIC DISTRICTS
COMMISSION FOR THE TOWN OF LEXINGTON AND DEFINING
ITS POWERS AND DUTIES, AND ESTABLISHING HISTORIC
DISTRICTS IN THE TOWN OF LEXINGTON
(As amended by Ch. 185, Acts of 1958, Ch. 579, Acts of 1966; Ch. 268, Acts of 1978; Ch. 375,
Acts of 1982; Ch. 426, Acts of 2000)
Section 1. Purpose. - The purpose of this act is to promote the educational, cultural, economic
and general welfare of the public through the preservation and protection of historic buildings,
places and districts through the development of appropriate settings for said buildings, places and
districts and through the maintenance of said buildings, places and districts as landmarks of
historic interest.
Section 2. Creation of Districts. - There are hereby established in the town of Lexington four
historic districts to be known as (1) Battle Green District, (2) Hancock-Clarke District, (3)
Munroe Tavern District, and (4) East Village District, bounded as follows: --
Battle Green District: Beginning at the intersection of the northerly line of Hancock Avenue with
the easterly line of the railroad right of way; thence southerly and then southeasterly along the
easterly and northeasterly line of the railroad right of way to a point in said northeasterly line of
the railroad right of way distant two hundred feet southeasterly from the easterly line of Hancock
Street; thence northerly along a line distant two hundred feet easterly from and parallel to said
easterly line of Hancock Street to the northeasterly lot line of the property now numbered 6
Meriam Street; thence southeasterly along said northeasterly lot line to the northwesterly line of
Meriam Street; thence southeasterly in a straight line across Meriam Street to the intersection of
the southeasterly line of Meriam Street with the southwesterly line of Oakland Street; thence
southeasterly along said southwesterly line of Oakland Street to the westerly lot line of the
property now numbered eleven Oakland Street; thence southerly along said westerly lot line and
said westerly lot line extended to a point on the northerly line of the railroad right of way; thence
easterly along said northerly line of the railroad right of way to the northwesterly line of Woburn
Street; thence southwesterly along said northwesterly line of Woburn Street to the easterly line of
Fletcher Avenue; thence southwesterly in a straight line across Woburn Street and Massachusetts
Avenue to the intersection of the southerly line of Massachusetts Avenue with the westerly line
of Winthrop Road; thence southerly and then southwesterly along said westerly and the
northwesterly line of Winthrop Road to a point distant two hundred fifty feet southerly from the
southerly line of Massachusetts Avenue; thence westerly along a line distant two hundred fifty
feet southerly from and parallel to the southerly line of Massachusetts Avenue to a point distant
two hundred feet easterly from the easterly line of Waltham. Street; thence southerly along a line
distant two hundred feet easterly from and parallel to said easterly line of Waltham Street to the
northerly lot line of the property now numbered eighty-two Waltham Street; thence westerly
along said northerly lot line to the easterly line of Waltham Street; thence westerly in a straight
line to the intersection of the northerly lot line of the property now numbered twenty-two
Muzzey Street with the easterly line of Muzzey Street; thence westerly in a straight line across
Muzzey Street to the intersection of the westerly line of Muzzey Street with the northerly line of
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Raymond Street; thence westerly along said northerly line of Raymond Street to the westerly line
of Clarke Street; thence southerly along said westerly line of Clarke Street to the intersection of
the northeasterly line of Forest Street; thence northwesterly to the easterly lot line of the property
now numbered 43 Forest Street; thence northeasterly along said lot line to the southerly lot line
of the property now numbered 11 Belfry Terrace; thence northeasterly along the easterly lot line
of 9 Belfry Terrace to the southerly lot line of the property now numbered 11 Belfry Terrace;
thence northeasterly along the easterly lot line to the northerly lot line of the property now
numbered 11 Belfry Terrace; thence northwesterly along the northerly lot line of the property
now numbered 9 Belfry Terrace to the southerly lot line of the property now numbered 1906
Massachusetts Avenue to a point three hundred feet southerly from the southerly line of
Massachusetts Avenue; thence northwesterly and then westerly along a line distant three hundred
feet southwesterly and southerly from and parallel to the southwesterly and southerly line of
Massachusetts Avenue to the westerly line of Forest Street; thence northerly along said westerly
line of Forest Street to a point two hundred feet southerly from the southerly line of
Massachusetts Avenue; thence westerly along a line distant two hundred feet southerly from and
parallel to the southerly line of Massachusetts Avenue to the southwesterly line of Parker Street;
thence southwesterly by a straight line to the intersection of the westerly line of Worthen Road
with the southerly line of Lincoln Street; thence westerly and then southwesterly along said
southerly and the southeasterly line of Lincoln Street to a point distant four hundred and fifty feet
westerly from the westerly line of Worthen Road; thence northwesterly across Lincoln Street to
the intersection of the northwesterly line of Lincoln Street with the northeasterly line of Hastings
Road; thence northwesterly along said northeasterly line of Hastings Road to the southeasterly
line of Massachusetts Avenue; thence northwesterly in a straight line across Massachusetts
Avenue to the intersection of the northwesterly line of Massachusetts Avenue with the
northeasterly line of Hastings Road; thence northwesterly along said northeasterly line of
Hastings Road to a point distant two hundred feet northwesterly from said northwesterly line of
Massachusetts Avenue; thence northeasterly along a line distant two hundred feet northwesterly
from and parallel to the northwesterly line of Massachusetts Avenue to the westerly line of
Worthen Road; thence northerly and then northeasterly along said southwesterly, westerly and
the northwesterly line of Worthen Road to the southwesterly line of Bedford Street; thence
northeasterly in a straight line across Bedford Street to the intersection of the northeasterly line
of Bedford Street with the southeasterly line of Camellia Place; thence northeasterly along said
southeasterly line of Camellia Place to the southwesterly line of the railroad right of way; thence
northeasterly in a straight line across said railroad right of way to the point of beginning.
Hancock-Clarke District: Beginning at the intersection of the northerly line of Hancock Avenue
with the easterly line of the railroad right of way; thence southerly and then southeasterly along
the easterly and northeasterly line of the railroad right of way to a point in said northeasterly line
of the railroad right of way distant two hundred feet southeasterly from the easterly line of
Hancock Street; thence northerly along a line distant two hundred feet easterly from and parallel
to said easterly line of Hancock Street to the southerly lot line of the property now numbered
forty-five Hancock Street; thence westerly along said southerly lot line to the easterly line of
Hancock Street; thence northwesterly in a straight line across Hancock Street to the intersection
of the westerly line of Hancock Street with the southerly lot line of the property now numbered
forty-six Hancock Street; thence westerly along said southerly lot line four hundred and twenty-
nine feet to a point; thence southwesterly in a straight line to a point in the easterly line of the
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railroad right of way two hundred and forty-eight feet distant northerly from the northerly line of
Hancock Avenue; thence southerly along said easterly line of the railroad right of way to the
point of beginning.
Munroe Tavern District: Beginning at the intersection of the southerly line of the railroad right of
way with the northwesterly line of Woburn Street; thence southwesterly along said northwesterly
line of Woburn Street to the easterly line of Fletcher Avenue; thence southwesterly in a straight
line across Woburn Street and Massachusetts Avenue to the intersection of the southerly line of
Massachusetts Avenue with the westerly line of Winthrop Road; thence southerly and then
southwesterly along said westerly and the northwesterly line of Winthrop Road to a point distant
two hundred feet southerly from the southerly line of Massachusetts Avenue; thence easterly and
then southeasterly along a line distant two hundred feet southerly and southwesterly from and
parallel to the southerly and southwesterly line of Massachusetts Avenue to the northwesterly
line of Percy Road; thence southerly by a straight line across Percy Road to a point in the
southeasterly line of Percy Road distant two hundred feet southwesterly from the intersection of
said southeasterly line of Percy Road with the westerly line of Tavern Lane; thence southerly and
then southeasterly along a line distant two hundred feet westerly and southwesterly from and
parallel to the westerly and southwesterly line of Tavern Lane and said southwesterly line
extended to the southeasterly line of Eliot Road; thence easterly and then southeasterly along the
southerly and southwesterly line of Eliot Road to the southeasterly line of Pelham Road; thence
northeasterly along said southeasterly line of Pelham Road to a point distant two hundred feet
southwesterly from the southwesterly line of Massachusetts Avenue; thence southeasterly along
a line distant two hundred feet southwesterly from and parallel to the southwesterly line of
Massachusetts Avenue to the northerly line of Marrett Road; thence easterly along said northerly
line of Marrett Road to the southwesterly line of Massachusetts Avenue; thence northerly in a
straight line across Massachusetts Avenue to the intersection of the northeasterly line of
Massachusetts Avenue with the northwesterly lot line of the property now numbered eleven
hundred and fifty-five Massachusetts Avenue; thence northeasterly along said northwesterly lot
line to a point two hundred feet distant northeasterly from said northeasterly line of
Massachusetts Avenue; thence northwesterly along a line distant two hundred feet northeasterly
from and parallel to the northeasterly line of Massachusetts Avenue to the southeasterly lot line
of the Muzzey Junior High School Property; thence northeasterly along said southeasterly lot
line to the southwesterly lot line of the Munroe Cemetery property; thence northwesterly along
said southwesterly lot line to the intersection of said southwesterly lot line with the northwesterly
lot line of the Munroe Cemetery property; thence northeasterly along said northwesterly lot line
to the southerly line of the railroad right of way; thence westerly along said southerly line of the
railroad right of way to the point of beginning.
East Village District: Beginning at the intersection of the northeasterly line of Massachusetts
Avenue with the northwesterly lot line of the property now numbered eleven hundred and fifty-
five Massachusetts Avenue; thence northeasterly along said northwesterly lot line to a point two
hundred feet distant northeasterly from said northeasterly line of Massachusetts Avenue; thence
southeasterly along a line distant two hundred feet northeasterly from and parallel to the
northeasterly line of Massachusetts Avenue to a point distant two hundred feet northwesterly
from the northwesterly line of Maple Street; thence northeasterly along a line distant two
hundred feet northwesterly from and parallel to said northwesterly line of Maple Street to the
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southwesterly line of the railroad right of way; thence southeasterly along said southwesterly line
of the railroad right of way to a point distant two hundred feet southeasterly from the
southeasterly line of Maple Street; thence southwesterly along a line distant two hundred feet
southeasterly from and parallel to said southeasterly line of Maple Street to a point distant two
hundred feet northerly from the northeasterly line of Massachusetts Avenue; thence southeasterly
and then northeasterly and easterly along a line distant two hundred feet northeasterly,
northwesterly and northerly from the northeasterly, northwesterly and northerly line of
Massachusetts Avenue to the westerly lot line of the property now numbered four hundred and
twenty-one Massachusetts Avenue; thence southerly along said westerly lot line and said
westerly lot line extended to a point distant two hundred feet southerly from the southerly line of
Massachusetts Avenue; thence westerly and then southwesterly and northwesterly along a line
distant two hundred feet southerly, southeasterly and southwesterly from and parallel to the
southerly, southeasterly and southwesterly line of Massachusetts Avenue to the northerly line of
Marrett Road; thence easterly along said northerly line of Marrett Road to the southwesterly line
of Massachusetts Avenue; thence northerly in a straight line across Massachusetts Avenue to the
point of beginning.
The East Village Historic District shall also include an area bounded and described as follows:
Beginning at a point on the easterly line of the 1966 East Village Historic District boundary said
point being N 84°-43'-07" E distant 17.5+- feet from an iron pin as shown on a plan entitled,
"Plan of Land in Lexington, Mass., Scale 1"=40', January 15, 1981, Joseph W. Moore Co.," on
file with the Town engineer; thence N 84°-43'-07' E distant 188+- feet to a point; thence N 85°-
31'-53" E distant 18.00 feet to a point; thence S 13°-56'-31" E distant 168.86 feet to a point;
thence S 74°-50'-45" W distant 36.07 feet to a point; then S 15°-09'-15" E distant 40.93 feet to a
point, thence S 66°-48'-45" W distant 171+- feet to a point on the aforesaid East Village Historic
District boundary; thence by said line northwesterly 272+- feet to the point of beginning.
Wherever only part of any building or structure is within an historic district according to the
boundary lines as heretofore defined in this section, there shall be included within the historic
district the entire land area occupied, or to be occupied, by all of said building or structure so that
the whole building or structure shall be considered to be within the historic district for the
purposes of this act.
Section 3. Definitions. - As used in this act, the following words and terms shall have the
following meanings: -
"Building", a combination of materials having a roof and forming a shelter for persons,
animals or property.
"Building inspector", the building inspector of the town of Lexington.
"Commission", the historic districts commission established by section four.
"Erected", the word "erected" includes the words "built", "constructed", "reconstructed",
"restored", "altered", "enlarged", and "moved".
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"Exterior architectural feature", the architectural style and general arrangement of such
portion of the exterior of a building or structure as is designed to be open to view from a
public street, way, or place including the kind, color and texture of the building materials
of such portion and the type and style of all windows, doors, lights, signs and other
fixtures appurtenant to such portion.
"Historic districts", the districts established by section two.
"Person", the word "person" includes an individual, a corporate or unincorporated
organization or association and the town of Lexington.
"Structure", a combination of materials, other than a building, sign or billboard.
Section 4. Creation and Organization of Historic Districts Commission. - There is hereby
established in the town of Lexington an Historic Districts Commission consisting of five unpaid
members who shall be residents of the town of Lexington, to be appointed by the selectmen of
the town as follows: - two from four candidates nominated by the Lexington Historical Society,
one from two candidates nominated by The Lexington Arts and Crafts Society, Inc., one from
two candidates nominated by the trustees of the Cary Memorial Library and one member
selected at large by the selectmen. The members initially appointed hereunder shall serve, in the
case of one member appointed upon nomination of the Lexington Historical Society, for a term
expiring one year; in the case of the member appointed upon nomination of The Lexington Arts
and Crafts Society, Inc., for a term expiring two years, in the case of the member appointed upon
nomination of the trustees of the Cary Memorial Library, for a term expiring three years, in the
case of the second member appointed upon nomination of the Lexington Historical Society, for a
term expiring four years, in the case of the member appointed at large by the selectmen, for a
term expiring five years, from January first following the year of such appointments. The
selectmen also shall appoint for terms of five years from January first following the year of such
appointments four associate members of the commission selected from candidates nominated by
the aforesaid organizations and trustees, each such organization and trustees to nominate two
each when two or more associate members are to be appointed and to nominate one each when
only one associate member is to be appointed. In case of the absence, inability to act, or interest
on the part of a member of the commission his place may be taken by an associate member
designated by the chairman of the commission. In case of a vacancy on said commission the
chairman may designate an associate member to serve as a member of the commission until said
vacancy is filled as provided in this section. As the term of any member or associate member
expires, his successor shall be appointed in like manner for a term of five years. Vacancies in the
commission shall be filled in the same manner for the unexpired term. Every member and
associate member shall continue in office after the expiration of his term until his successor is
duly appointed and qualified. Any member or associate member may be removed for cause by
the appointing authority upon written charges and after a public hearing.
The commission shall elect a chairman and a secretary from its membership. In the case of
absence of the chairman from any meeting, the commission shall elect a chairman pro tempore
for such meeting.
5
Section 5. Limitations. - (a) No building or structure, except as provided under section six, shall
be erected within the historic districts unless and until an application for a certificate of
appropriateness as to exterior architectural features which are subject to view from a public
street, way, or place shall have been filed with the commission and either a certificate of
appropriateness, or a certificate that no exterior architectural feature is involved, shall have been
issued by the commission.
(b) No building or structure within the historic districts shall be changed as to exterior
color features which are subject to view from a public street, way, or place unless and
until an application for a certificate of appropriateness as to change in such color features
shall have been filed with the commission and such certificate shall have been issued by
the commission.
(c) No building or structure within the historic districts, except as provided under section
six, shall be demolished or removed unless and until an application for a permit to
demolish or remove the same shall have been filed with the commission, and such permit
shall have been issued by the commission.
(d) No occupational, commercial, or other sign, except as provided under section six, and
no billboard shall be erected or displayed on any lot, or the exterior of any building or
structure within the historic districts unless and until an application for a certificate of
appropriateness shall have been filed with the commission, and such certificate shall have
been issued by the commission. In the case of any such sign or billboard erected or
displayed prior to the effective date of this act, there shall be allowed a period of five
years, subsequent to said effective date, in which to obtain such certificate. (See note 1)
(e) Except in cases excluded by section six: -
(1) No permit shall be issued by the building inspector for any building or
structure to be erected within the historic districts, unless the application for said
permit shall be accompanied either by a certificate of appropriateness or a
certificate that no exterior architectural feature is involved, issued under section
nine.
(2) No permit shall be issued by the building inspector for the demolition or
removal of any building or structure within the historic districts unless the
application for said permit shall be accompanied by a permit issued under said
section nine.
Section 6. Exclusions. - (a) Nothing in this act shall be construed to prevent the ordinary
maintenance or repair of any exterior architectural feature of any building or structure within the
historic districts; nor shall anything in this act be construed to prevent the erection, construction,
reconstruction, restoration, alteration, or demolition of any such feature which the building
inspector shall certify is required by the public safety because of an unsafe or dangerous
condition; nor shall anything in this act be construed to prevent the erection, construction,
6
reconstruction, restoration, alteration, or demolition of any such feature under a permit issued by
the building inspector prior to the effective date of this act. (See note 2)
(b) The following structures and signs may be erected or displayed within the historic
districts without the filing of an application for, or the issuance of, a certificate of
appropriateness: -
1. Section 2, Chapter 579, Acts of 1966 provides: "In the case of any sign or
billboard erected or displayed on the effective date of this act within an historic
district established by this act or within any territory added by this act to an
existing historic district there shall be allowed a period of five years subsequent
to said effective date in which to obtain the certificate of appropriateness required
by paragraph (d) of section five of chapter four hundred and forty-seven of the
acts of nineteen hundred and fifty-six."
2. Section 3, Chapter 579, Acts of 1966 provides: "The provisions of this act shall
not be construed to prevent the erection, construction, reconstruction, restoration,
alteration, or demolition of any exterior architectural feature, under a permit
issued by the building inspector prior to the effective date of this act, within an
historic district established by this act or within any territory added by this act to
an existing historic district."
(1) Temporary structures or signs for use in connection with any official
celebration or parade, or any charitable drive in the town, provided that any such
structure or sign shall be removed within three days following the termination of
the celebration, parade or charitable drive for which said structure or sign shall
have been erected or displayed. Any other temporary structures or signs which the
commission shall determine from time to time may be excluded from the
provisions of section five without substantial derogation from the intent and
purposes of this act.
(2) Real estate signs of not more than three square feet in area advertising the sale
or rental of the premises on which they are erected or displayed.
(3) Occupational or other signs of not more than one square foot in area and not
more than one such sign, irrespective of size, bearing the name, occupation or
address of the occupant of the premises on which such sign is erected or displayed
where such premises are located within an R-1 one family dwelling district as
defined in the Zoning By-Law of the town of Lexington.
(c) The exterior color of any building or structure within the historic districts may be
changed to white without the filing of an application for, or the issuance of, a certificate
of appropriateness.
Section 7. Applications to be Filed with Commission. - Excepting cases excluded by section six,
any person who desires to erect, build, construct, reconstruct, restore, alter, move, demolish,
7
remove, or change the exterior color features of any building or structure now or hereafter within
the historic districts, or to erect or display within the historic districts any sign or billboard for
which a certificate of appropriateness is required under paragraph (d) of section five, shall file
with the commission an application for a certificate of appropriateness or a permit for demolition
or removal, as the case may be, together with such plans, elevations, specifications, material and
other information as shall be deemed necessary by the commission to enable it to make a
determination on the application.
Section 8. Meetings, Hearings, Time for Making Determinations. - Meetings of the commission
shall be held at the call of the chairman and also when called in such other manner as the
commission shall determine in its rules. Five members, including associate members, of the
commission shall constitute a quorum.
The commission shall determine promptly after the filing of an application for a certificate of
appropriateness as to exterior architectural features, whether the application involved any such
features. If the commission determines that such application involves any exterior architectural
features, the commission shall hold a public hearing on such application. The commission also
shall hold a public hearing on all other applications required to be filed with it under this act,
except that the commission may approve an application for a change in exterior color features
without holding a hearing if it determines that the color change proposed is appropriate.
The commission shall fix a reasonable time for the hearing on any application and shall give
public notice thereof by publishing notice of the time, place, and purpose of the hearing in a local
newspaper at least fourteen days before said hearing and also, within seven days of said hearing,
mail a copy of said notice to the applicant, to the owners of all property deemed by the
commission to be affected thereby as they appear on the most recent local tax list, to the planning
board of the town, and to such other persons as the commission shall deem entitled to notice.
As soon as convenient after such public hearing but in any event within sixty days after the filing
of the application, or within such further time as the applicant shall allow in writing, the
commission shall make a determination on the application. If the commission shall fail to make a
determination within said sixty days, or within such further time allowed by the applicant, the
commission shall be deemed to have approved the application.
Section 9. Powers, Functions, and Duties of Commission. - The commission shall have the
following powers, functions and duties:
(a) It shall pass upon: -
(1) The appropriateness of exterior architectural features of buildings and
structures to be erected within the historic districts wherever such features are
subject to view from a public street, way, or place.
(2) The appropriateness of changes in exterior color features of buildings and
structures within the historic districts wherever such features are subject to view
from a public street, way, or place.
8
(3) The demolition or removal of any building or structure within the historic
districts. The commission may refuse a permit for the demolition or removal of
any building or structure of architectural or historic interest, the removal of which
in the opinion of the commission would be detrimental to the public interest.
(4) The appropriateness of the erection or display of occupational, commercial or
other signs and billboards within the historic districts wherever a certificate of
appropriateness for any such sign or billboard is required under paragraph (d) of
section five.
In passing upon appropriateness, demolition or removal, the commission shall
determine whether the features, demolition or removal, sign or billboard involved
will be appropriate for the purposes of this act and, if it shall be determined to be
inappropriate, shall determine whether, owing to conditions especially affecting
the building, structure, sign or billboard involved, but not affecting the historic
district generally, failure to approve an application will involve a substantial
hardship to the applicant and whether such application may be approved without
substantial detriment to the public welfare and without substantial derogation
from the intent and purposes of this act. If the commission determines that the
features, demolition or removal, sign or billboard involved will be appropriate or,
although inappropriate, owing to conditions as aforesaid, failure to approve an
application will involve substantial hardship to the applicant and approval thereof
may be made without substantial detriment or derogation as aforesaid, the
commission shall approve the application; but if the commission does not so
determine, the application shall be disapproved.
In passing upon appropriateness the commission shall consider, among other
things, the historical value and significance of the building or structure, the
general design, arrangement, texture, material, and color of the features, sign or
billboard involved and the relation of such factors to similar factors of buildings
and structures in the immediate surroundings. The commission shall not consider
relative size of buildings and structures, or detailed designs, interior arrangement
and other building features not subject to public view.
In approving an application the commission may impose conditions which, if the
certificate of appropriateness is acted upon, shall be binding upon the applicant,
the owner of the property and his successors in title.
The concurring vote of three members, including associate members, of the
commission shall be necessary to make a determination in favor of the applicant
on any matter upon which the commission is required to pass under this act.
(b) In the case of an approval by the commission of an application for a certificate of
appropriateness or a permit for demolition or removal, or in the event an application is
deemed approved through failure to make a determination within the time specified in
9
section eight, the commission shall cause a certificate of appropriateness or a permit for
demolition or removal, as the case may be, dated and signed by its chairman or chairman
pro tempore, to be issued to the applicant.
(c) In the case of disapproval of an application for a certificate of appropriateness or a
permit for demolition or removal, the commission shall cause a notice of its
determination, dated and signed by its chairman or chairman pro tempore, to be issued to
the applicant, setting forth therein the reasons for its determination, and, as to
applications for a certificate of appropriateness, the commission may make
recommendations to the applicant with respect to appropriateness of design, arrangement,
texture, material, color, and similar factors. The commission shall not make any
recommendations except for the purpose of preventing developments obviously
incongruous to the purposes set forth in this act.
(d) In the case of a determination by the commission that an application for a certificate
of appropriateness does not involve any exterior architectural feature, the commission
shall cause a certificate of such determination, dated and signed by its chairman or
chairman pro tempore, to be issued forthwith to the applicant.
(e) The commission shall keep a permanent record of its resolutions, transactions, and
determinations, and may make such rules and regulations consistent with this act and
prescribe such forms as it shall deem desirable and necessary.
(f) The commission shall file with the town clerk a notice of all determinations made by
it, and approvals of applications through failure of the commission to make a
determination within the time allowed under section eight, except that no notice of a
determination that an application for a certificate of appropriateness does not involve any
exterior architectural feature shall be filed.
(g) The commission may incur expenses necessary to the carrying on of its work within
the amount of its appropriation.
Section 10. Appeals. - Any person aggrieved by a determination of the commission or by an
approval of an application through failure of the commission to make a determination within the
time allowed under section eight, whether or not previously a party to the proceeding, or any
officer or board of the town may, within fifteen days after the filing of a notice of such
determination or approval with the town clerk, appeal to the superior court sitting in equity for
the county of Middlesex. The court shall hear all pertinent evidence and determine the facts and
if, upon the facts so determined, such determination or approval is found to exceed the authority
of the commission, the court shall annul such determination or approval and remand the case for
further action by the commission. The remedies provided by this section shall be exclusive; but
the parties shall have all rights of appeal and exception as in other equity cases.
Costs shall not be allowed against the commission unless it shall appear to the court that the
commission acted in bad faith or with malice in the matter from which the appeal was taken.
10
Costs shall not be allowed against the party appealing from such determination or approval of the
commission unless it shall appear to the court that said party acted in bad faith or with malice in
making the appeal to the court.
Section 11. Enforcement. - Any person who violates any of the provisions of this act shall be
guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten dollars nor
more than five hundred dollars.
The superior court sitting in equity for the county of Middlesex shall have jurisdiction to enforce
the provisions of this act and the determinations, rulings, and regulations issued thereunder and
may restrain by injunction violations thereof and issue such other orders for relief of violations
as may be required.
In addition to the foregoing, the town of Lexington may by by-law, not inconsistent with section
21D of chapter 40 of the General Laws, provide for the noncriminal disposition of violations of
this act and the determinations, rulings and regulations issued under this act. (Added by Chapter
426 of the Acts of 2000)
Section 12. Severability of Provisions. - The provisions of this act shall be deemed to be
severable; and in case any section, paragraph or part of this act shall be held unconstitutional by
any court of competent jurisdiction, the decision of such court shall not affect or impair the
validity of any other sections, paragraphs or parts of this act.
Section 13. Effective Date of Act. - This act shall take effect upon its acceptance by the town by
vote of its town meeting members at an annual town meeting or any special town meeting called
for the purpose.
Approved June 11, 1956.
Chapter 447, Acts of 1956 accepted at a Special Town Meeting held November 19, 1956 (Article 5.).
11
Exhibit B
Massachusetts General Laws Chapter 40C
GENERAL LAWS OF MASSACHUSETTS
PART I. ADMINISTRATION OF THE GOVERNMENT
TITLE VII. CITIES, TOWNS AND DISTRICTS
CHAPTER 40C. HISTORIC DISTRICTS
Chapter 40C, Section 1. Citation.
Chapter 40C, Section 2. Purpose.
Chapter 40C, Section 3. Establishment of historic districts; pre-requisites; enlargement or
reduction of boundaries; amendment of creating ordinance; filing of maps.
Chapter 40C, Section 4. Study committees; commissions; establishment; membership; terms;
vacancies; compensation; officers.
Chapter 40C, Section 5. Definitions.
Chapter 40C, Section 6. Certificates of appropriateness, non-applicability or hardship; necessity;
applications and plans, etc.; building and demolition permits restricted.
Chapter 40C, Section 7. Factors to be considered by commission.
Chapter 40C, Section 8. Review authority of commission over certain categories of buildings,
structures or exterior architectural features limited; authorization.
Chapter 40C, Section 9. Maintenance and repair or replacement.
Chapter 40C, Section 10. Additional powers, functions and duties of commission.
Chapter 40C, Section 11. Approval or disapproval of exterior architectural features by
commission; meetings; applications for certificates; public hearings; notices.
Chapter 40C, Section 12. Review procedure provided by local ordinance or by-law.
Chapter 40C, Section 12A. Appeal to superior court.
Chapter 40C, Section 13. Jurisdiction of superior court; penalty.
Chapter 40C, Section 14. Powers and duties of commissions established as historical
commissions.
Chapter 40C, Section 15. Filing of ordinances, maps, reports, etc.
Chapter 40C, Section 16. Special historic districts; acceptance and effect of this chapter.
1
Chapter 40C, Section 17. Severability.
Section 1. Citation
This chapter shall be known and may be cited as the Historic Districts Act.
Section 2. Purpose
The purpose of this chapter is to promote the educational, cultural, economic and general welfare
of the public through the preservation and protection of the distinctive characteristics of
buildings and places significant in the history of the commonwealth and its cities and towns or
their architecture, and through the maintenance and improvement of settings for such buildings
and places and the encouragement of design compatible therewith.
Section 3. Establishment of historic districts; pre-requisites; enlargement or reduction of
boundaries; amendment of creating ordinance; filing of maps
A city or town may, by ordinance or by-law adopted by two-thirds vote of the city council in a
city or by a two-thirds vote of a town meeting in a town, establish historic districts subject to the
following provisions: Prior to the establishment of any historic district in a city or town an
investigation and report on the historical and architectural significance of the buildings,
structures or sites to be included in the proposed historic district or districts shall be made by an
historic district study committee or by an historic district commission, as provided in this section
and in section four, who shall transmit copies of the report to the planning board, if any, of the
city or town, and to the Massachusetts historical commission for their respective consideration
and recommendations. The buildings, structures or sites to be included in the proposed historic
district may consist of one or more parcels or lots of land, or one or more buildings or structures
on one or more parcels or lots of land. The Massachusetts historical commission may consult
with the director of economic development, the director of housing and community development
and the commissioner of environmental management with respect to such reports, and may make
guidelines for such reports, and, after public hearing, establish rules as to their form and manner
of transmission. Not less than sixty days after such transmittal the study committee shall hold a
public hearing on the report after due notice given at least fourteen days prior to the date thereof,
which shall include a written notice mailed postage prepaid, to the owners as they appear on the
most recent real estate tax list of the board of assessors of all properties to be included in such
district or districts. The committee shall submit a final report with its recommendations, a map of
the proposed district or districts and a draft of a proposed ordinance or by-law, to the city council
or town meeting.
An historic district may be enlarged or reduced or an additional historic district in a city or town
created in the manner provided for creation of the initial district, except that (a) in the case of the
enlargement or reduction of an existing historic district the investigation, report and hearing shall
be by the historic district commission having jurisdiction over such historic district instead of by
a study committee; (b) in the case of creation of an additional historic district the investigation,
report and hearing shall be by the historic district commission of the city or town, or by the
2
historic district commissions acting jointly if there be more than one, instead of by a study
committee unless the commission or commissions recommend otherwise; and (c) if the district is
the proposal shall
be given to said owners of each property in the district.
Any ordinance or by-law creating an historic district may, from time to time, be amended in any
manner not inconsistent with the provisions of this chapter by a two-thirds vote of the city
council in a city or by a two-thirds vote of a town meeting in a town, provided that the substance
of such amendment has first been submitted to the historic district commission having
jurisdiction over such district for its recommendation and its recommendation has been received
or sixty days have elapsed without such recommendation.
No ordinance or by-law creating an historic district, or changing the boundaries of an historic
district, shall become effective until a map or maps setting forth the boundaries of the historic
district, or the change in the boundaries thereof, has been filed with the city clerk or town clerk
and has been recorded in the registry of deeds for the county or district in which the city or town
is located, and the provisions of section thirteen A of chapter thirty-six shall not apply.
Section 4. Study committees; commissions; establishment; membership; terms; vacancies;
compensation; officers
An historic district study committee may be established in any city or town by vote of the city
council or board of selectmen for the purpose of making an investigation of the desirability of
establishing an historic district or districts therein. The study committee shall consist of not less
than three nor more than seven members appointed in a city by the mayor, subject to
confirmation by the city council, or in a town by the board of selectmen, including one member
from two nominees submitted by the local historical society or, in the absence thereof, by the
Society for the Preservation of New England Antiquities, one member from two nominees
submitted by the chapter of the American Institute of Architects covering the area, and one
member from two nominees of the board of realtors, if any, covering the area. If within thirty
days after submission of a written request for nominees to any of the organizations herein named
no such nominations have been made the appointing body may proceed to appoint the study
committee without nominations by such organization.
Whenever an historic district is established as provided in section three an historic district
commission shall be established which shall consist of not less than three nor more than seven
members. An historic district commission shall be appointed in a city by the mayor, subject to
confirmation by the city council, or in a town by the board of selectmen, in the same manner as
an historic district study committee unless (a) the report recommending its establishment
recommends alternate or additional organizations to submit nominees for membership and states
reasons why such alternate or additional organizations would be appropriate or more appropriate
for the particular city or town, the Massachusetts historical commission does not recommend
otherwise prior to the public hearing on the establishment of the district, and the ordinance or by-
law so provides; or (b) there is an existing historic district commission in the city or town which
the report recommends should administer the new district, and the ordinance or by-law so
3
provides. Unless the report recommends otherwise on account of the small number of residents
or individual property owners, and the ordinance or by-law so provides, the members of the
historic district commission shall include one or more residents of or owners of property in an
historic district to be administered by the commission. If within thirty days after submission of a
written request for nominees to an organization entitled to submit nominations for membership
on the commission no such nominations have been made the appointing body may proceed to
make the appointment to the commission without nomination by such organization. The
appointments to membership in the commission shall be so arranged that the term of at least one
member will expire each year, and their successors shall be appointed in the same manner as the
original appointment for terms of three years. Vacancies shall be filled in the same manner as the
original appointment for the unexpired term. Ordinances or by-laws adopted hereunder may
provide for the appointment of alternate members not exceeding in number the principal
members who need not be from nominees of organizations entitled to nominate members. In case
of the absence, inability to act or unwillingness to act because of self-interest on the part of a
member of the commission, his place shall be taken by an alternate member designated by the
chairman. Each member and alternate shall continue in office after the expiration of his term
until his successor is duly appointed and qualified. All members shall serve without
compensation. The commission shall elect annually a chairman and vice-chairman from its own
number and a secretary from within or without its number.
Section 5. Definitions
means the commission acting as the historic district commission; the
g or
structure as is open to view from a public street, public way, public park or public body of water,
including but not limited to the architectural style and general arrangement and setting thereof,
the kind, color and texture of exterior building materials, the color of paint or other materials
applied to exterior surfaces and the type and style of windows, doors, lights, signs and other
adjoining property, an owner of property within the same historic district as property within one
hundred feet of said property lines and any charitable corporation in which one of its purposes is
s a combination
of materials other than a building, including a sign, fence, wall, terrace, walk or driveway.
Section 6. Certificates of appropriateness, non-applicability or hardship; necessity;
applications and plans, etc.; building and demolition permits restricted
Except as the ordinance or by-law may otherwise provide in accordance with section eight or
said section eight or nine, no building or structure within an historic district shall be constructed
or altered in any way that affects exterior architectural features unless the commission shall first
have issued a certificate of appropriateness, a certificate of non-applicability or a certificate of
hardship with respect to such construction or alteration.
4
Any person who desires to obtain a certificate from the commission shall file with the
commission an application for a certificate of appropriateness, a certificate of non-applicability
or a certificate of hardship, as the case may be, in such form as the commission may reasonably
determine, together with such plans, elevations, specifications, material and other information,
including in the case of demolition or removal a statement of the proposed condition and
appearance of the property thereafter, as may be reasonably deemed necessary by the
commission to enable it to make a determination on the application.
No building permit for construction of a building or structure or for alteration of an exterior
architectural feature within an historic district and no demolition permit for demolition or
removal of a building or structure within an historic district shall be issued by a city or town or
any department thereof until the certificate required by this section has been issued by the
commission.
Section 7. Factors to be considered by commission
In passing upon matters before it the commission shall consider, among other things, the historic
and architectural value and significance of the site, building or structure, the general design,
arrangement, texture, material and color of the features involved, and the relation of such
features to similar features of buildings and structures in the surrounding area. In the case of new
construction or additions to existing buildings or structures the commission shall consider the
appropriateness of the size and shape of the building or structure both in relation to the land area
upon which the building or structure is situated and to buildings and structures in the vicinity,
and the commission may in appropriate cases impose dimensional and set-back requirements in
addition to those required by applicable ordinance or by-law. When ruling on applications for
certificates of appropriateness for solar energy systems, as defined in section one A of chapter
forty A, the commission shall also consider the policy of the commonwealth to encourage the use
of solar energy systems and to protect solar access. The commission shall not consider interior
arrangements or architectural features not subject to public view.
The commission shall not make any recommendation or requirement except for the purpose of
preventing developments incongruous to the historic aspects or the architectural characteristics
of the surroundings and of the historic district.
Section 8. Review authority of commission over certain categories of buildings, structures
or exterior architectural features limited; authorization
(a) Any city or town may provide in the ordinance or by-law establishing a district or in any
amendment thereof that the authority of the commission shall not extend to the review of one or
more of the following categories of buildings or structures or exterior architectural features in the
historic district, and, in this event, the buildings or structures or exterior architectural features so
excluded may be constructed or altered within the historic district without review by the
commission:
5
(1) Temporary structures or signs, subject, however, to such conditions as to duration of
use, location, lighting, removal and similar matters as the commission may reasonably
specify.
(2) Terraces, walks, driveways, sidewalks and similar structures, or any one or more of
them, provided that any such structure is substantially at grade level.
(3) Walls and fences, or either of them.
(4) Storm doors and windows, screens, window air conditioners, lighting fixtures,
antennae and similar appurtenances, or any one or more of them.
(5) The color of paint.
(6) The color of materials used on roofs.
(7) Signs of not more than one square foot in area in connection with use of a residence
for a customary home occupation or for professional purposes, provided only one such
sign is displayed in connection with each residence and if illuminated is illuminated only
indirectly; and one sign in connection with the nonresidential use of each building or
structure which is not more than twelve square feet in area, consist of letters painted on
wood without symbol or trademark and if illuminated is illuminated only indirectly; or
either of them.
(8) The reconstruction, substantially similar in exterior design, of a building, structure or
exterior architectural feature damaged or destroyed by fire, storm or other disaster,
provided such reconstruction is begun within one year thereafter and carried forward with
due diligence.
(b) A commission may determine from time to time after public hearing that certain categories of
exterior architectural features, colors, structures or signs, including, without limitation, any of
those enumerated under paragraph (a), if the provisions of the ordinance or by-law do not limit
the authority of the commission with respect thereto, may be constructed or altered without
review by the commission without causing substantial derogation from the intent and purposes of
this chapter.
(c) A city or town may provide in its ordinance or by-law, or in any amendment thereof, that the
authority of the commission shall be limited to exterior architectural features within a district
which are subject to view from one or more designated public streets, public ways, public parks
or public bodies of water, although other portions of buildings or structures within the district
may be otherwise subject to public view, and, in the absence of such provision of the ordinance
or by-law, a commission may determine from time to time after public hearing that the authority
of the commission may be so limited without substantial derogation from the intent and purposes
of this chapter.
6
(d) Upon request the commission shall issue a certificate of nonapplicability with respect to
construction or alteration in any category then not subject to review by the commission in
accordance with the provisions of paragraph (a), (b) or (c).
Section 9. Maintenance, repair or replacement.
Nothing in this chapter shall be construed to prevent the ordinary maintenance, repair or
replacement of any exterior architectural feature within an historic district which does not
involve a change in design, material, color or the outward appearance thereof, nor to prevent
landscaping with plants, trees or shrubs, nor construed to prevent the meeting of requirements
certified by a duly authorized public officer to be necessary for public safety because of an
unsafe or dangerous condition, nor construed to prevent any construction or alteration under a
permit duly issued prior to the effective date of the applicable historic district ordinance or by-
law.
Section 10. Additional powers, functions and duties of commission
The commission shall have the following additional powers, functions and duties:(a) If the
commission determines that the construction or alteration for which an application for a
certificate of appropriateness has been filed will be appropriate for or compatible with the
preservation or protection of the historic district, the commission shall cause a certificate of
appropriateness to be issued to the applicant. In the case of a disapproval of an application for a
certificate of appropriateness the commission shall place upon its records the reasons for such
determination and shall forthwith cause a notice of its determination, accompanied by a copy of
the reasons therefor as set forth in the records of the commission, to be issued to the applicant,
and the commission may make recommendations to the applicant with respect to appropriateness
of design, arrangement, texture, material and similar features. Prior to the issuance of any
disapproval the commission may notify the applicant of its proposed action accompanied by
application acceptable to the commission. If within fourteen days of the receipt of such a notice
the applicant files a written modification of his application in conformity with the recommended
changes of the commission, the commission shall cause a certificate of appropriateness to be
issued to the applicant.
(b) In the case of a determination by the commission that an application for a certificate of
appropriateness or for a certificate of nonapplicability does not involve any exterior architectural
feature, or involves an exterior architectural feature which is not then subject to review by the
commission in accordance with the provisions of section eight, the commission shall cause a
certificate of nonapplicability to be issued to the applicant.
(c) If the construction or alteration for which an application for a certificate of appropriateness
has been filed shall be determined to be inappropriate, or in the event of an application for a
certificate of hardship, the commission shall determine whether, owing to conditions especially
affecting the building or structure involved, but not affecting the historic district generally,
failure to approve an application will involve a substantial hardship, financial or otherwise, to the
applicant and whether such application may be approved without substantial detriment to the
7
public welfare and without substantial derogation from the intent and purposes of this chapter. If
the commission determines that owing to such conditions failure to approve an application will
involve substantial hardship to the applicant and approval thereof may be made without such
substantial detriment or derogation, or in the event of failure to make a determination on an
application within the time specified in section eleven, the commission shall cause a certificate
of hardship to be issued to the applicant.
(d) Each certificate issued by the commission shall be dated and signed by its chairman, vice-
chairman, secretary or such other person designated by the commission to sign such certificates
on its behalf.
(e) The commission shall keep a permanent record of its resolutions, transactions, and
determinations and of the vote of each member participating therein, and may adopt and amend
such rules and regulations not inconsistent with the provisions of this act and prescribe such
forms as it shall deem desirable and necessary for the regulation of its affairs and the conduct of
its business. The commission shall file a copy of any such rules and regulations with the city or
town clerk.
(f) The commission shall file with the city or town clerk and with any department of the city or
town having authority to issue building permits a copy or notice of all certificates and
determinations of disapproval issued by it.
(g) A commission may after public hearing set forth in such manner as it may determine the
various designs of certain appurtenances, such as light fixtures, which will meet the requirements
of an historic district and a roster of certain colors of paint and roofing materials which will meet
the requirements of an historic district, but no such determination shall limit the right of an
applicant to present other designs or colors to the commission for its approval.
(h) The commission may, subject to appropriation, employ clerical and technical assistants or
consultants and incur other expenses appropriate to the carrying on of its work, and may accept
money gifts and expend the same for such purposes. The commission may administer on behalf
of the city or town any properties or easements, restrictions or other interests in real property
which the city or town may have or may accept as gifts or otherwise and which the city or town
may designate the commission as the administrator thereof.
(i) The commission shall have, in addition to the powers, authority and duties granted to it by
this act, such other powers, authority and duties as may be delegated or assigned to it from time
to time by vote of the city council or town meeting.
Section 11. Approval or disapproval of exterior architectural features by commission;
meetings; applications for certificates; public hearings; notices
Meetings of a commission shall be held at the call of the chairman and shall be called at the
request of two members of the commission and in such other manner as the commission shall
determine in its rules. A majority of the members of a commission shall constitute a quorum. The
8
concurring vote of a majority of the members of the commission shall be necessary to issue a
certificate of appropriateness, a certificate of non-applicability or a certificate of hardship.
A commission shall determine promptly, and in all events within fourteen days after the filing of
an application for a certificate of appropriateness, a certificate of non-applicability or a certificate
of hardship, as the case may be, whether the application involves any exterior architectural
features which are subject to approval by the commission. If a commission determines that such
application involves any such features which are subject to approval by the commission the
commission shall hold a public hearing on such application unless such hearing is dispensed with
as hereinafter provided.
The commission shall fix a reasonable time for the hearing on any application and shall give
public notice of the time, place and purposes thereof at least fourteen days before said hearing in
such manner as it may determine, and by mailing, postage prepaid, a copy of said notice to the
applicant, to the owners of all adjoining property and other property deemed by the commission
to be materially affected thereby as they appear on the most recent real estate tax list of the board
of assessors, to the planning board of the city or town, to any person filing written request for
notice of hearings, such request to be renewed yearly in December, and to such other persons as
the commission shall deem entitled to notice.
As soon as convenient after such public hearing but in any event within sixty days after the filing
of the application, or such lesser period as the ordinance or by-law may provide, or within such
further time as the applicant may allow in writing, the commission shall make a determination on
the application. If the commission shall fail to make a determination within such period of time
the commission shall thereupon issue a certificate of hardship.
A public hearing on an application need not be held if such hearing is waived in writing by all
persons entitled to notice thereof. In addition, a public hearing on an application may be waived
by the commission if the commission determines that the exterior architectural feature involved
or its category or color, as the case may be, is so insubstantial in its effect on the historic district
that it may be reviewed by the commission without public hearing on the application, provided,
however, that if the commission dispenses with a public hearing on an application notice of the
application shall be given to the owners of all adjoining property and other property deemed by
the commission to be materially affected thereby as above provided and ten days shall elapse
after the mailing of such notice before the commission may act upon such application.
Section 12. Review procedure provided by local ordinance or by-law
A city or town may provide in its ordinance or by-law or in any amendment thereof, for a review
procedure whereby any person aggrieved by a determination of the commission may, within
twenty days after the filing of the notice of such determination with the city or town clerk, file a
written request with the commission for a review by a person or persons of competence and
experience in such matters, designated by the regional planning agency of which the city or town
is a member. If the city or town is not a member of a regional planning agency, the department of
community affairs shall select the appropriate regional planning agency.
9
The finding of the person or persons making such review shall be filed with the city or town
clerk within forty-five days after the request, and shall be binding on the applicant and the
commission, unless a further appeal is sought in the superior court as provided in section twelve
A.
Section 12A. Appeal to superior court
Any person aggrieved by a determination of the commission, or by the finding of a person or
persons making a review, if the provisions of section twelve are included in a local ordinance or
by-law, may, within twenty days after the filing of the notice of such determination or such
finding with the city or town clerk, appeal to the superior court sitting in equity for the county in
which the city or town is situated. The court shall hear all pertinent evidence and shall annul the
determination of the commission if it finds the decision of the commission to be unsupported by
the evidence or to exceed the authority of the commission, or may remand the case for further
action by the commission or make such other decree as justice and equity may require. The
remedy provided by this section shall be exclusive but the parties shall have all rights of appeal
and exception as in other equity cases. Costs shall not be allowed against the commission unless
it shall appear to the court that the commission acted with gross negligence, in bad faith or with
malice in the matter from which the appeal was taken. Costs shall not be allowed against the
party appealing from such determination of the commission unless it shall appear to the court
that such party acted in bad faith or with malice in making the appeal to the court.
Section 13. Jurisdiction of superior court; penalty
The superior court sitting in equity for the county in which the city or town is situated shall have
jurisdiction to enforce the provisions of this chapter and any ordinance or by-law enacted
hereunder and the determinations, rulings and regulations issued pursuant thereto and may, upon
the petition of the mayor or of the board of selectmen or of the commission, restrain by
injunction violations thereof; and, without limitation, such court may order the removal of any
building, structure or exterior architectural feature constructed in violation thereof, or the
substantial restoration of any building, structure or exterior architectural feature altered or
demolished in violation thereof, and may issue such other orders for relief as may be equitable.
Whoever violates any of the provisions of this chapter shall be punished by a fine of not less than
ten dollars nor more than five hundred dollars. Each day during any portion of which a violation
continues to exist shall constitute a separate offense.
Section 14. Powers and duties of commissions established as historical commissions
If the city council or town meeting so votes a commission established hereunder shall have the
powers and duties of an historical commission as provided in section eight D of chapter forty
and, in this event, a commission may be entitled an historical commission.
Section 15. Filing of ordinances, maps, reports, etc.
10
All ordinance or by-laws creating an historic district adopted by a city or town under authority of
this chapter and under authority of any special law, unless the special law shall otherwise
provide, amendments thereto, maps of historic districts created thereunder, and annual reports
and other publications of commissions, and rosters of membership therein, shall be filed with the
Massachusetts historical commission.
Section 16. Special historic districts; acceptance and effect of this chapter
A city or town in which there is located an historic district established under a special law may,
upon recommendation of the historic district commission having jurisdiction over such district,
accept the provisions of this chapter with respect to such district by a two-thirds vote of the city
council in a city or by two-thirds vote of a town meeting in a town, and thereafter such historic
district shall be subject to the provisions of this chapter notwithstanding the terms of any special
act pursuant to which such historic district was created. The provisions of this chapter shall not
impair the validity of an historic district established under any special act.
Section 17. Severability
The provisions of this chapter shall be deemed to be severable. If any of its provisions shall be
held to be invalid or unconstitutional by any court of competent jurisdiction the remaining
provisions shall continue in full force and effect.
11
Exhibit C
Chapter 447 vs. MGL Chapter 40C Comparison Chart
Authority Lexington Special Act c. 447, Acts of 1956, as M.G.L. c. 40C
amended
§1 The purpose of this act is to promote the §2 The purpose of this chapter is to promote the educational,
Purpose
educational, cultural, economic and general welfare of cultural, economic and general welfare of the public through
the public through the preservation and protection of the preservation and protection of the distinctive
historic buildings, places and districts through the characteristics of buildings and places
development of appropriate settings for said buildings, history of the commonwealth and its cities and towns or their
places and districts and through the maintenance of said architecture, and through the maintenance and improvement
buildings, places and districts as landmarks of historic of settings for such buildings and places
interest. encouragement of design compatible therewith
§3 "Erected" - includes the words "built", §5 -altered
Key Definitions
"constructed", "reconstructed", restored, "altered", removeddemolished
"enlarged", and "moved" changed in exterior color
-"Exterior Architectural feature" the architectural -constructed
style and general arrangement of such portion of the installed
exterior of a building or structure as is designed to be -"exterior architectural feature
open to view from a public street, way, or place exterior of a building or structure as is open to view from a
including the kind, color and texture of the building public street, public way, public park or public body of water,
materials of such portion and the type and style of all including but not limited to the architectural style and
windows, doors, lights, signs and other fixtures arrangement and setting thereof, the kind, color and texture of
appurtenant to such portion exterior building materials, the color of paint
materials applied to exterior surfaces and the type and style of
windows, doors, lights, signs and other appurtenant exterior
fixtures
-person aggrieved
adjoining property, an owner of property within the same
historic district as property within one hundred feet of said
property lines and any charitable corporation in which one of
its purposes is the preservation of historic structures or
districts
§4 - Five \[full\] members, two from four candidates §4 - not less than three nor more than seven members,
Membership
nominated by the Lexington Historical Society, one including one member from two nominees submitted by
from two candidates nominated by the Lexington Arts local historical society or, in the absence thereof, by the
and Crafts Society, one from two candidates nominated Society for the Preservation of New England Antiquities, one
by the trustees of the Cary Memorial Library and one member from two nominees submitted by the
selected at large by the Board of Selectmen American Institute of Architects covering the area, and one
1
member from two nominees of the board of realtors
-Four associate members selected from pool of covering the area, unless alternate or additional organizations
candidates nominated by the aforesaid organizations, would be more appropriate
two each when two+ vacancies, one each when one -alternate members not exceeding the number of principal
vacancy numbers, who need not be from nominees of organizations
entitled to nominate members.
-Any member or associate member may be removed for
cause by the appointing authority upon written charges
and after a public hearing
§5- buildings erected; §6 - buildings or structures (including signs) constructed or
Coverage
- changed as to exterior color; and altered in any way that affects exterior architectural features
- demolished or removed; and
- occupational, commercial or other signs and
billboards
§9(a) - In passing upon appropriateness the commission §7 - In passing upon matters before it the commission shall
shall consider, among other things, the historical value consider, among other things, the historic and architectural
Factors to be
and significance of the building or structure the general value and significance of the site, building or structure, the
considered by the
design, arrangement, texture, material, and color of the general design, arrangement, texture, material and color of
Commission
features, sign or billboard involved and the relation of the features involved, and the relation of such features to
such factors to similar factors of buildings and similar features of buildings and structures in the surrounding
structures in the immediate surroundings. The area. In the case of new construction or additions to existing
commission shall not consider relative size of buildings or structures the commission shall consider the
buildings, and structures, or detailed designs, interior appropriateness of the size and shape of the building or
arrangement and other building features not subject to structure both in relation to the land area upon which the
public view building or structure is situated and to buildings and
structures in the vicinity, and the commission may in
§9(c) - The commission shall not make any appropriate cases impose dimensional and set
recommendations except for the purpose of preventing requirements in addition to those required by applicable
developments obviously incongruous to the purposes ordinance or by-law. When ruling on applications for
set forth in this act certificates of appropriateness for solar energy systems, as
defined in section one A of chapter fort
shall also consider the policy of the commonwealth to
encourage the use of solar energy systems and to protect solar
access. The commission shall not consider interior
arrangements or architectural features not subject to public
2
view.
- The commission shall not make any recommendation or
requirement except for the purpose of preventing
developments incongruous to the historic aspects or the
architectural characteristics of the surroundings and of the
historic district.
§9(c) - If \[the requested change\] shall be determined to §10(c) - in the event of an application for a certificate of
Hardship
be inappropriate, the commission shall determine hardship, the commission shall determine whether, owing to
whether, owing to conditions especially affecting the conditions especially affecting the building or structure
building, etc., but not affecting the historic district involved, but not affecting the historic district generally,
generally, failure to approve an application will involve failure to approve an application will involve
a substantial hardship to the applicant and whether such hardship, financial or otherwise, to the applicant and whether
application may be approved without substantial such application may be approved without substantial
detriment to the public welfare and without substantial detriment to the public welfare and without substantial
derogation from the intent and purposes of this act derogation from the intent and purposes of this chapter.
§6(a) - ordinary maintenance and repair §9 Nothing in this chapter shall be construed to prevent the
Exclusions from
- if certified by the building inspector that action is ordinary maintenance, repair or replacement of any exterior
review
required by the public safety because of an unsafe or architectural feature within an historic district
dangerous condition involve a change in design, material, color or the outward
-§6(b): - temporary structures or signs appearance thereof, nor to prevent landscaping with plants,
- real estate signs trees or shrubs, nor construed to prevent the meeting of
- occupational signs requirements certified by a duly authorized public officer to
be necessary for public safety because of an unsafe or
- §6(c) The exterior color of any building or structure dangerous condition
within the historic districts may be changed to white
without the filing of an application for, or the issuance
§8(a) - Any city or town may provide
of, a certificate of appropriateness.
law establishing a district or in any amendment thereof
the authority of the commission shall not extend to the review
of one or more of the following categories of buildings or
structures or exterior architectural feature
district, and, in this event, the buildings or structures or
exterior architectural features so excluded may be constructed
or altered within the historic district without review by the
3
commission:
(1) Temporary structures or signs, subj
to such conditions as to duration of use, location,
lighting, removal and similar matters as the
commission may reasonably specify.
(2) Terraces, walks, driveways, sidewalks and similar
structures, or any one or more of them, provided that
any such structure is substantially at grade level.
(3) Walls and fences, or either of them.
(4) Storm doors and windows, screens, window air
conditioners, lighting fixtures, antennae and similar
appurtenances, or any one or more of them.
(5) The color of paint.
(6) The color of materials used on roofs
(7) Signs of not more than one square foot in area in
connection with use of a residence for a customary
home occupation or for professional purposes,
provided only one such sign is displayed in
connection with each residence and if illuminated is
illuminated only indirectly; and one sign in
connection with the nonresidential use of each
building or structure which is not more than twelve
square feet in area, consist of letters painted on wood
without symbol or trademark and if illuminated is
illuminated only indirectly; or either of them.
(8) The reconstruction, substantially similar in
exterior design, of a building, structure or exterior
architectural feature damaged or destroyed by fire,
4
storm or other disaster, provided such reconstruction
is begun within one year thereafter and carried
forward with due diligence.
(b) A commission may determine from time to time after
public hearing that certain categories of exterior architectural
features, colors, structures or signs, including, without
limitation, any of those enumerated under paragraph (a), if
the provisions of the ordinance or by-
authority of the commission with respect thereto, may be
constructed or altered without review by
without causing substantial derogation from the intent and
purposes of this chapter.
(c) A city or town may provide in its ordinance or by
in any amendment thereof, that the authority of the
commission shall be limited to exterior
within a district which are subject to view from one or more
designated public streets, public ways, public parks or public
bodies of water, although other portions of buildings or
structures within the district may be otherwise subj
public view, and, in the absence of such provision of the
ordinance or by-law, a commission may determine from time
to time after public hearing that the authority of the
commission may be so limited without substantial derogation
from the intent and purposes of this chapter.
§8-- notice published in newspaper 14 days before §11 - public notice in manner deemed appropriate by
Notice of hearings;
hearing; notice to applicant and abutters 7 days before commission, and to applicants and abutters 14 days prior to
determinations
hearing hearing
- Determinations must be made within 60 days or - Determinations must be made within 60 days or application
application is deemed approved is deemed approved
- Determination of non-applicability to be made - Determinations of non-applicability or hardship shall be
made within 14 days of application
determination
5
§8- Five members, including associate members, of the §11 - majority of members constitute a quorum
Quorum; votes needed
commission shall constitute a quorum -approval by concurring vote of a majority
to approve
§9(a) - approval by concurring vote of three members,
including associate members
§12 - aggrieved parties may request review by
Non-Judicial Review
competence designated by the regional planning authority
which town is a member
§10-Aggrieved party may appeal to Superior Court §12A- Aggrieved party may appeal to Superior Court within
Appeal
within 15 days of filing of determination 20 days of filing of determination
- Costs not allowed against the commission unless it - costs not allowed against the commiss
acted in bad faith or with malice; costs not allowed with gross negligence or in bad faith or with malice; costs not
against party appealing unless it acted in bad faith or allowed against party appealing unless it acted in bad faith or
with malice; with malice
§11 Any person who violates any of the provisions of §13 Whoever violates any of the provisions of this chapter
Penalties/Enforcement
the act shall be guilty of a misdemeanor, and upon shall be punished by a fine of not less than $10 nor more than
conviction shall be fined not less than $10 nor more $500. Each day during any portion of which a violation
than $500 continues to exist shall constitute a separate offense.
The superior court shall have jurisdiction to enforce the
provisions of this act and the determinations, rulings
The superior court sitting in equity for the county in which
and regulations issued thereunder and may restrain by
the city or town is situated shall have jurisdiction to enforce
injunction violations thereof and issue such other orders
the provisions of this chapter and any ordinance or by
for relief of violations as may be required
enacted hereunder and the determinati
regulations issued pursuant thereto and may, upon the petition
In addition to the foregoing, the town of Lexington may
of the board of selectmen or of the commission, restrain by
by bylaw...provide for the noncriminal disposition of
injunction violations thereof; and, without limitation, such
violations of this act and the determinations, rulings
court may order the removal of any building, structure
and regulations issued under this act.
exterior architectural feature constructed in violation thereof,
or the substantial restoration of any building, structure or
exterior architectural feature altered or demolished in
violation thereof, and may issue such other orders for relief as
may be equitable.
§15 All ordinance or by-laws creating an historic district
Filing with
adopted by a city or town under authority of this chapter and
Massachusetts
6
under authority of any special law, unless the special law
Historical
shall otherwise provide, amendments thereto, maps of historic
Commission
districts created thereunder, and annual reports and other
publications of commissions, and rosters of membership
therein, shall be filed with the Massachusetts historical
commission.
§16 A city or town in which there is located an historic
Special Act Historic
district established under a special law may, upon
District Transition
recommendation of the historic district commission having
Provisions
jurisdiction over such district, accept the provisions o
chapter with respect to such district by a two
the city council in a city or by two-thirds vote of a town
meeting in a town, and thereafter such historic district shall
be subject to the provisions of this chapter notwithstanding
the terms of any special act pursuant to which such historic
district was created. The provisions of this chapter shall not
impair the validity of an historic district established under any
special act.
One published case citing Act. Approximately 30 cases cite G.L. c. 40C.
Judicial Precedents
(as of 12/21/17)
7
Exhibit D
Proposed Amendment of Chapter 447
ARTICLE 45
AMEND "AN ACT ESTABLISHING AN HISTORIC DISTRICTS COMMISSION FOR THE
TOWN OF LEXINGTON AND DEFINING ITS POWERS AND DUTIES, AND
ESTABLISHING HISTORIC DISTRICTS IN THE TOWN OF LEXINGTON" (As amended by
Ch. 185, Acts of 1958, Ch. 579, Acts of 1966; Ch. 268, Acts of 1978; Ch. 375, Acts of 1982; Ch.
426, Acts of 2000)
Proposed Motion
Amend the Code of Lexington, Appendix Chapter A201, Special Acts of Ch. 447, Acts of 1956,
as previously amended, as follows:
(a) Section 3. Definitions:
(i) Add a new definition of "Person aggrieved", as follows:
"'Person aggrieved', the applicant, the owner of any adjoining property, any owner
of property within the same historic district as the applicant's property, any owner
of property within one hundred feet of the applicant's property lines, and any
charitable corporation in which one of its purposes is the preservation of historic
structures or districts."
(ii) Amend the definition of "Structure" by deleting said section in its entirety and
substituting the following:
"'Structure', a combination of materials, other than a building, including a sign,
fence, wall, terrace, walk, sidewalk or driveway, and any similar structures."
(b) Section 4. Creation and organization of Historic Districts Commission. Delete all text
following the first paragraph and substitute the following:
"For any appointments following \[date of Special Act Amendment\], the selectmen shall
appoint, for terms of five years, five unpaid members who shall be residents of the town
of Lexington, as follows: - two from four candidates nominated by the Lexington
Historical Society, two from four candidates nominated by the Lexington Design
Advisory Board, and one member selected at large by the selectmen. From and after said
date, the selectmen also shall appoint for terms of five years, four associate members of
the commission selected from candidates nominated by the aforesaid organizations, each
such organization to nominate two each when two or more associate members are to be
appointed and to nominate one each when only one associate member is to be appointed.
1
In case of the absence, inability to act, or interest on the part of a member of the
commission his place may be taken by an associate member designated by the
chairman of the commission. In case of a vacancy on said commission the
chairman may designate an associate member to serve as a member of the
commission until said vacancy is filled as provided in this section. As the term of
any member or associate member expires, his successor shall be appointed in like
manner for a term of five years. Vacancies in the commission shall be filled in the
same manner as aforesaid for the unexpired term. Every member and associate
member shall continue in office after the expiration of his term until his successor
is duly appointed and qualified. Any member or associate member may be
removed for cause by the appointing authority upon written charges and after a
public hearing.
In making such appointments, the selectmen shall consider the following criteria:
candidates should have a sense of dedication to historical heritage, historic
preservation, and Lexington's special townscape and the concept of architectural
continuity.
The commission shall elect a chairman from its membership. In the case of
absence of the chairman from any meeting, the commission shall elect a chairman
pro tempore for such meeting."
(c) Section 5. Limitations. Amend subsection (d) by deleting the reference "See note 1"
appearing at the end thereof.
(d) Section 6. Exclusions.
(i) Amend subsection (a) by deleting said subsection in its entirety and substituting the
following:
"(a) Nothing in this act shall be construed to prevent the ordinary maintenance or
repair of any exterior architectural feature of any building or structure within the
historic districts; nor shall anything in this act be construed to prevent the erection,
construction, reconstruction, restoration, alteration, or demolition of any such
feature which the building inspector and the director of the Lexington Board of
Health and/or the chief of the Lexington Fire Department shall certify to the
commission is immediately required for public safety because of an unsafe or
dangerous condition; nor shall anything in this act be construed to prevent the
erection, construction, reconstruction, restoration, alteration, or demolition of any
such feature under a permit issued by the building inspector prior to the effective
date of this act."
(ii) Amend subsection (b) by deleting the italicized paragraphs 1. and 2. in their entirety.
2
(iii) Further amend subsection (b) by deleting the language "without substantial
derogation from the intent and purposes of this act" at the end of subsection (b)(1) and
substituting the following:
"subject, however, to such conditions as to duration of use, location, lighting,
removal and similar matters as the commission may reasonably specify."
(iv) Amend subsection (c) by deleting said subsection in its entirety.
(e) Section 8. Meetings, Hearings, Time for Making Determinations. Amend the third paragraph
by deleting the words "deemed by the commission to be affected thereby" and replacing them
with the words "within 100 feet of the applicant's property, at the address for such owners".
(f) Section 9 Powers, Functions, and Duties of Commission. Amend the third paragraph of
subsection (a) (beginning "In passing upon appropriateness the commission shall consider") by
deleting the last sentence of said paragraph and replacing it with the following:
"In the case of new construction or additions to existing buildings or structures,
the commission shall consider the appropriateness of the size and shape of the
building or structure both in relation to the land area upon which the building or
structure is situated and to buildings and structures in the vicinity. When ruling on
applications for certificates of appropriateness for solar energy systems, the
commission shall also consider the policy of the Commonwealth to encourage the
use of solar energy systems and to protect solar access. The commission shall not
consider interior arrangement and other building features not subject to public
view."
(g) Section 11. Enforcement. Add a new sentence at the end thereof, to read as follows:
"Each day during any portion of which a violation continues to exist shall
constitute a separate offense."
3
Exhibit E
Ch. 447 with Proposed Amendments
Redlined Copy showing Proposed Amendments
CHAPTER 447, ACTS OF 1956
AN ACT ESTABLISHING AN HISTORIC DISTRICTS
COMMISSION FOR THE TOWN OF LEXINGTON AND DEFINING
ITS POWERS AND DUTIES, AND ESTABLISHING HISTORIC
DISTRICTS IN THE TOWN OF LEXINGTON
(As amended by Ch. 185, Acts of 1958, Ch. 579, Acts of 1966; Ch. 268, Acts of 1978; Ch. 375,
Acts of 1982; Ch. 426, Acts of 2000)
Section 1. Purpose. - The purpose of this act is to promote the educational, cultural, economic
and general welfare of the public through the preservation and protection of historic buildings,
places and districts through the development of appropriate settings for said buildings, places and
districts and through the maintenance of said buildings, places and districts as landmarks of
historic interest.
Section 2. Creation of Districts. - There are hereby established in the town of Lexington four
historic districts to be known as (1) Battle Green District, (2) Hancock-Clarke District, (3)
Munroe Tavern District, and (4) East Village District, bounded as follows: --
Battle Green District: Beginning at the intersection of the northerly line of Hancock Avenue with
the easterly line of the railroad right of way; thence southerly and then southeasterly along the
easterly and northeasterly line of the railroad right of way to a point in said northeasterly line of
the railroad right of way distant two hundred feet southeasterly from the easterly line of Hancock
Street; thence northerly along a line distant two hundred feet easterly from and parallel to said
easterly line of Hancock Street to the northeasterly lot line of the property now numbered 6
Meriam Street; thence southeasterly along said northeasterly lot line to the northwesterly line of
Meriam Street; thence southeasterly in a straight line across Meriam Street to the intersection of
the southeasterly line of Meriam Street with the southwesterly line of Oakland Street; thence
southeasterly along said southwesterly line of Oakland Street to the westerly lot line of the
property now numbered eleven Oakland Street; thence southerly along said westerly lot line and
said westerly lot line extended to a point on the northerly line of the railroad right of way; thence
easterly along said northerly line of the railroad right of way to the northwesterly line of Woburn
Street; thence southwesterly along said northwesterly line of Woburn Street to the easterly line of
Fletcher Avenue; thence southwesterly in a straight line across Woburn Street and Massachusetts
Avenue to the intersection of the southerly line of Massachusetts Avenue with the westerly line
of Winthrop Road; thence southerly and then southwesterly along said westerly and the
northwesterly line of Winthrop Road to a point distant two hundred fifty feet southerly from the
southerly line of Massachusetts Avenue; thence westerly along a line distant two hundred fifty
feet southerly from and parallel to the southerly line of Massachusetts Avenue to a point distant
two hundred feet easterly from the easterly line of Waltham. Street; thence southerly along a line
distant two hundred feet easterly from and parallel to said easterly line of Waltham Street to the
northerly lot line of the property now numbered eighty-two Waltham Street; thence westerly
along said northerly lot line to the easterly line of Waltham Street; thence westerly in a straight
line to the intersection of the northerly lot line of the property now numbered twenty-two
1
Muzzey Street with the easterly line of Muzzey Street; thence westerly in a straight line across
Muzzey Street to the intersection of the westerly line of Muzzey Street with the northerly line of
Raymond Street; thence westerly along said northerly line of Raymond Street to the westerly line
of Clarke Street; thence southerly along said westerly line of Clarke Street to the intersection of
the northeasterly line of Forest Street; thence northwesterly to the easterly lot line of the property
now numbered 43 Forest Street; thence northeasterly along said lot line to the southerly lot line
of the property now numbered 11 Belfry Terrace; thence northeasterly along the easterly lot line
of 9 Belfry Terrace to the southerly lot line of the property now numbered 11 Belfry Terrace;
thence northeasterly along the easterly lot line to the northerly lot line of the property now
numbered 11 Belfry Terrace; thence northwesterly along the northerly lot line of the property
now numbered 9 Belfry Terrace to the southerly lot line of the property now numbered 1906
Massachusetts Avenue to a point three hundred feet southerly from the southerly line of
Massachusetts Avenue; thence northwesterly and then westerly along a line distant three hundred
feet southwesterly and southerly from and parallel to the southwesterly and southerly line of
Massachusetts Avenue to the westerly line of Forest Street; thence northerly along said westerly
line of Forest Street to a point two hundred feet southerly from the southerly line of
Massachusetts Avenue; thence westerly along a line distant two hundred feet southerly from and
parallel to the southerly line of Massachusetts Avenue to the southwesterly line of Parker Street;
thence southwesterly by a straight line to the intersection of the westerly line of Worthen Road
with the southerly line of Lincoln Street; thence westerly and then southwesterly along said
southerly and the southeasterly line of Lincoln Street to a point distant four hundred and fifty feet
westerly from the westerly line of Worthen Road; thence northwesterly across Lincoln Street to
the intersection of the northwesterly line of Lincoln Street with the northeasterly line of Hastings
Road; thence northwesterly along said northeasterly line of Hastings Road to the southeasterly
line of Massachusetts Avenue; thence northwesterly in a straight line across Massachusetts
Avenue to the intersection of the northwesterly line of Massachusetts Avenue with the
northeasterly line of Hastings Road; thence northwesterly along said northeasterly line of
Hastings Road to a point distant two hundred feet northwesterly from said northwesterly line of
Massachusetts Avenue; thence northeasterly along a line distant two hundred feet northwesterly
from and parallel to the northwesterly line of Massachusetts Avenue to the westerly line of
Worthen Road; thence northerly and then northeasterly along said southwesterly, westerly and
the northwesterly line of Worthen Road to the southwesterly line of Bedford Street; thence
northeasterly in a straight line across Bedford Street to the intersection of the northeasterly line
of Bedford Street with the southeasterly line of Camellia Place; thence northeasterly along said
southeasterly line of Camellia Place to the southwesterly line of the railroad right of way; thence
northeasterly in a straight line across said railroad right of way to the point of beginning.
Hancock-Clarke District: Beginning at the intersection of the northerly line of Hancock Avenue
with the easterly line of the railroad right of way; thence southerly and then southeasterly along
the easterly and northeasterly line of the railroad right of way to a point in said northeasterly line
of the railroad right of way distant two hundred feet southeasterly from the easterly line of
Hancock Street; thence northerly along a line distant two hundred feet easterly from and parallel
to said easterly line of Hancock Street to the southerly lot line of the property now numbered
forty-five Hancock Street; thence westerly along said southerly lot line to the easterly line of
Hancock Street; thence northwesterly in a straight line across Hancock Street to the intersection
of the westerly line of Hancock Street with the southerly lot line of the property now numbered
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forty-six Hancock Street; thence westerly along said southerly lot line four hundred and twenty-
nine feet to a point; thence southwesterly in a straight line to a point in the easterly line of the
railroad right of way two hundred and forty-eight feet distant northerly from the northerly line of
Hancock Avenue; thence southerly along said easterly line of the railroad right of way to the
point of beginning.
Munroe Tavern District: Beginning at the intersection of the southerly line of the railroad right of
way with the northwesterly line of Woburn Street; thence southwesterly along said northwesterly
line of Woburn Street to the easterly line of Fletcher Avenue; thence southwesterly in a straight
line across Woburn Street and Massachusetts Avenue to the intersection of the southerly line of
Massachusetts Avenue with the westerly line of Winthrop Road; thence southerly and then
southwesterly along said westerly and the northwesterly line of Winthrop Road to a point distant
two hundred feet southerly from the southerly line of Massachusetts Avenue; thence easterly and
then southeasterly along a line distant two hundred feet southerly and southwesterly from and
parallel to the southerly and southwesterly line of Massachusetts Avenue to the northwesterly
line of Percy Road; thence southerly by a straight line across Percy Road to a point in the
southeasterly line of Percy Road distant two hundred feet southwesterly from the intersection of
said southeasterly line of Percy Road with the westerly line of Tavern Lane; thence southerly and
then southeasterly along a line distant two hundred feet westerly and southwesterly from and
parallel to the westerly and southwesterly line of Tavern Lane and said southwesterly line
extended to the southeasterly line of Eliot Road; thence easterly and then southeasterly along the
southerly and southwesterly line of Eliot Road to the southeasterly line of Pelham Road; thence
northeasterly along said southeasterly line of Pelham Road to a point distant two hundred feet
southwesterly from the southwesterly line of Massachusetts Avenue; thence southeasterly along
a line distant two hundred feet southwesterly from and parallel to the southwesterly line of
Massachusetts Avenue to the northerly line of Marrett Road; thence easterly along said northerly
line of Marrett Road to the southwesterly line of Massachusetts Avenue; thence northerly in a
straight line across Massachusetts Avenue to the intersection of the northeasterly line of
Massachusetts Avenue with the northwesterly lot line of the property now numbered eleven
hundred and fifty-five Massachusetts Avenue; thence northeasterly along said northwesterly lot
line to a point two hundred feet distant northeasterly from said northeasterly line of
Massachusetts Avenue; thence northwesterly along a line distant two hundred feet northeasterly
from and parallel to the northeasterly line of Massachusetts Avenue to the southeasterly lot line
of the Muzzey Junior High School Property; thence northeasterly along said southeasterly lot
line to the southwesterly lot line of the Munroe Cemetery property; thence northwesterly along
said southwesterly lot line to the intersection of said southwesterly lot line with the northwesterly
lot line of the Munroe Cemetery property; thence northeasterly along said northwesterly lot line
to the southerly line of the railroad right of way; thence westerly along said southerly line of the
railroad right of way to the point of beginning.
East Village District: Beginning at the intersection of the northeasterly line of Massachusetts
Avenue with the northwesterly lot line of the property now numbered eleven hundred and fifty-
five Massachusetts Avenue; thence northeasterly along said northwesterly lot line to a point two
hundred feet distant northeasterly from said northeasterly line of Massachusetts Avenue; thence
southeasterly along a line distant two hundred feet northeasterly from and parallel to the
northeasterly line of Massachusetts Avenue to a point distant two hundred feet northwesterly
3
from the northwesterly line of Maple Street; thence northeasterly along a line distant two
hundred feet northwesterly from and parallel to said northwesterly line of Maple Street to the
southwesterly line of the railroad right of way; thence southeasterly along said southwesterly line
of the railroad right of way to a point distant two hundred feet southeasterly from the
southeasterly line of Maple Street; thence southwesterly along a line distant two hundred feet
southeasterly from and parallel to said southeasterly line of Maple Street to a point distant two
hundred feet northerly from the northeasterly line of Massachusetts Avenue; thence southeasterly
and then northeasterly and easterly along a line distant two hundred feet northeasterly,
northwesterly and northerly from the northeasterly, northwesterly and northerly line of
Massachusetts Avenue to the westerly lot line of the property now numbered four hundred and
twenty-one Massachusetts Avenue; thence southerly along said westerly lot line and said
westerly lot line extended to a point distant two hundred feet southerly from the southerly line of
Massachusetts Avenue; thence westerly and then southwesterly and northwesterly along a line
distant two hundred feet southerly, southeasterly and southwesterly from and parallel to the
southerly, southeasterly and southwesterly line of Massachusetts Avenue to the northerly line of
Marrett Road; thence easterly along said northerly line of Marrett Road to the southwesterly line
of Massachusetts Avenue; thence northerly in a straight line across Massachusetts Avenue to the
point of beginning.
The East Village Historic District shall also include an area bounded and described as follows:
Beginning at a point on the easterly line of the 1966 East Village Historic District boundary said
point being N 84°-43'-07" E distant 17.5+- feet from an iron pin as shown on a plan entitled,
"Plan of Land in Lexington, Mass., Scale 1"=40', January 15, 1981, Joseph W. Moore Co.," on
file with the Town engineer; thence N 84°-43'-07' E distant 188+- feet to a point; thence N 85°-
31'-53" E distant 18.00 feet to a point; thence S 13°-56'-31" E distant 168.86 feet to a point;
thence S 74°-50'-45" W distant 36.07 feet to a point; then S 15°-09'-15" E distant 40.93 feet to a
point, thence S 66°-48'-45" W distant 171+- feet to a point on the aforesaid East Village Historic
District boundary; thence by said line northwesterly 272+- feet to the point of beginning.
Wherever only part of any building or structure is within an historic district according to the
boundary lines as heretofore defined in this section, there shall be included within the historic
district the entire land area occupied, or to be occupied, by all of said building or structure so that
the whole building or structure shall be considered to be within the historic district for the
purposes of this act.
Section 3. Definitions. - As used in this act, the following words and terms shall have the
following meanings: -
"Building", a combination of materials having a roof and forming a shelter for persons,
animals or property.
"Building inspector", the building inspector of the town of Lexington.
"Commission", the historic districts commission established by section four.
4
"Erected", the word "erected" includes the words "built", "constructed", "reconstructed",
"restored", "altered", "enlarged", and "moved".
"Exterior architectural feature", the architectural style and general arrangement of such
portion of the exterior of a building or structure as is designed to be open to view from a
public street, way, or place including the kind, color and texture of the building materials
of such portion and the type and style of all windows, doors, lights, signs and other
fixtures appurtenant to such portion.
"Historic districts", the districts established by section two.
"Person", the word "person" includes an individual, a corporate or unincorporated
organization or association and the town of Lexington.
"'Person aggrieved', the applicant, the owner of any adjoining property, any owner of
property within the same historic district as the applicant's property, any owner of
property within one hundred feet of the applicant's property lines, and any charitable
corporation in which one of its purposes is the preservation of historic structures or
districts."
"Structure", a combination of materials, other than a building, sign or billboard including
a sign, fence, wall, terrace, walk, sidewalk or driveway, and any similar structures.
Section 4. Creation and Organization of Historic Districts Commission. - There is hereby
established in the town of Lexington an Historic Districts Commission consisting of five unpaid
members who shall be residents of the town of Lexington, to be appointed by the selectmen of
the town as follows: - two from four candidates nominated by the Lexington Historical Society,
one from two candidates nominated by The Lexington Arts and Crafts Society, Inc., one from
two candidates nominated by the trustees of the Cary Memorial Library and one member
selected at large by the selectmen. The members initially appointed hereunder shall serve, in the
case of one member appointed upon nomination of the Lexington Historical Society, for a term
expiring one year; in the case of the member appointed upon nomination of The Lexington Arts
and Crafts Society, Inc., for a term expiring two years, in the case of the member appointed upon
nomination of the trustees of the Cary Memorial Library, for a term expiring three years, in the
case of the second member appointed upon nomination of the Lexington Historical Society, for a
term expiring four years, in the case of the member appointed at large by the selectmen, for a
term expiring five years, from January first following the year of such appointments. The
selectmen also shall appoint for terms of five years from January first following the year of such
appointments four associate members of the commission selected from candidates nominated by
the aforesaid organizations and trustees, each such organization and trustees to nominate two
each when two or more associate members are to be appointed and to nominate one each when
only one associate member is to be appointed.
"For any appointments following \[date of Special Act Amendment\], the selectmen shall appoint,
for terms of five years, five unpaid members who shall be residents of the town of Lexington, as
follows: - two from four candidates nominated by the Lexington Historical Society, two from
5
four candidates nominated by the Lexington Design Advisory Board, and one member selected
at large by the selectmen. From and after said date, the selectmen also shall appoint for terms of
five years, four associate members of the commission selected from candidates nominated by the
aforesaid organizations, each such organization to nominate two each when two or more
associate members are to be appointed and to nominate one each when only one associate
member is to be appointed.
In case of the absence, inability to act, or interest on the part of a member of the commission his
place may be taken by an associate member designated by the chairman of the commission. In
case of a vacancy on said commission the chairman may designate an associate member to serve
as a member of the commission until said vacancy is filled as provided in this section. As the
term of any member or associate member expires, his successor shall be appointed in like
manner for a term of five years. Vacancies in the commission shall be filled in the same manner
as aforesaid for the unexpired term. Every member and associate member shall continue in office
after the expiration of his term until his successor is duly appointed and qualified. Any member
or associate member may be removed for cause by the appointing authority upon written charges
and after a public hearing.
In making such appointments, the selectmen shall consider the following criteria: candidates
should have a sense of dedication to historical heritage, historic preservation, and Lexington's
special townscape and the concept of architectural continuity.
The commission shall elect a chairman and a secretary from its membership. In the case of
absence of the chairman from any meeting, the commission shall elect a chairman pro tempore
for such meeting.
Section 5. Limitations. - (a) No building or structure, except as provided under section six, shall
be erected within the historic districts unless and until an application for a certificate of
appropriateness as to exterior architectural features which are subject to view from a public
street, way, or place shall have been filed with the commission and either a certificate of
appropriateness, or a certificate that no exterior architectural feature is involved, shall have been
issued by the commission.
(b) No building or structure within the historic districts shall be changed as to exterior
color features which are subject to view from a public street, way, or place unless and
until an application for a certificate of appropriateness as to change in such color features
shall have been filed with the commission and such certificate shall have been issued by
the commission.
(c) No building or structure within the historic districts, except as provided under section
six, shall be demolished or removed unless and until an application for a permit to
demolish or remove the same shall have been filed with the commission, and such permit
shall have been issued by the commission.
(d) No occupational, commercial, or other sign, except as provided under section six, and
no billboard shall be erected or displayed on any lot, or the exterior of any building or
6
structure within the historic districts unless and until an application for a certificate of
appropriateness shall have been filed with the commission, and such certificate shall have
been issued by the commission. In the case of any such sign or billboard erected or
displayed prior to the effective date of this act, there shall be allowed a period of five
years, subsequent to said effective date, in which to obtain such certificate. (See note 1)
(e) Except in cases excluded by section six: -
(1) No permit shall be issued by the building inspector for any building or
structure to be erected within the historic districts, unless the application for said
permit shall be accompanied either by a certificate of appropriateness or a
certificate that no exterior architectural feature is involved, issued under section
nine.
(2) No permit shall be issued by the building inspector for the demolition or
removal of any building or structure within the historic districts unless the
application for said permit shall be accompanied by a permit issued under said
section nine.
Section 6. Exclusions. - (a) Nothing in this act shall be construed to prevent the ordinary
maintenance or repair of any exterior architectural feature of any building or structure within the
historic districts; nor shall anything in this act be construed to prevent the erection, construction,
reconstruction, restoration, alteration, or demolition of any such feature which the building
inspector and the director of the Lexington Board of Health and/or the chief of the Lexington
Fire Department shall certify to the commission is immediately required by for the public safety
because of an unsafe or dangerous condition; nor shall anything in this act be construed to
prevent the erection, construction, reconstruction, restoration, alteration, or demolition of any
such feature under a permit issued by the building inspector prior to the effective date of this act.
(See note 2)
(b) The following structures and signs may be erected or displayed within the historic
districts without the filing of an application for, or the issuance of, a certificate of
appropriateness: -
1. Section 2, Chapter 579, Acts of 1966 provides: "In the case of any sign or
billboard erected or displayed on the effective date of this act within an historic
district established by this act or within any territory added by this act to an
existing historic district there shall be allowed a period of five years subsequent
to said effective date in which to obtain the certificate of appropriateness required
by paragraph (d) of section five of chapter four hundred and forty-seven of the
acts of nineteen hundred and fifty-six."
2. Section 3, Chapter 579, Acts of 1966 provides: "The provisions of this act shall
not be construed to prevent the erection, construction, reconstruction, restoration,
alteration, or demolition of any exterior architectural feature, under a permit
issued by the building inspector prior to the effective date of this act, within an
7
historic district established by this act or within any territory added by this act to
an existing historic district."
(1) Temporary structures or signs for use in connection with any official
celebration or parade, or any charitable drive in the town, provided that any such
structure or sign shall be removed within three days following the termination of
the celebration, parade or charitable drive for which said structure or sign shall
have been erected or displayed. Any other temporary structures or signs which the
commission shall determine from time to time may be excluded from the
provisions of section five, subject, however, to such conditions as to duration of
use, location, lighting, removal and similar matters as the commission may
reasonably specifywithout substantial derogation from the intent and purposes of
this act.
(2) Real estate signs of not more than three square feet in area advertising the sale
or rental of the premises on which they are erected or displayed.
(3) Occupational or other signs of not more than one square foot in area and not
more than one such sign, irrespective of size, bearing the name, occupation or
address of the occupant of the premises on which such sign is erected or displayed
where such premises are located within an R-1 one family dwelling district as
defined in the Zoning By-Law of the town of Lexington.
(c) The exterior color of any building or structure within the historic districts may be
changed to white without the filing of an application for, or the issuance of, a certificate
of appropriateness.
Section 7. Applications to be Filed with Commission. - Excepting cases excluded by section six,
any person who desires to erect, build, construct, reconstruct, restore, alter, move, demolish,
remove, or change the exterior color features of any building or structure now or hereafter within
the historic districts, or to erect or display within the historic districts any sign or billboard for
which a certificate of appropriateness is required under paragraph (d) of section five, shall file
with the commission an application for a certificate of appropriateness or a permit for demolition
or removal, as the case may be, together with such plans, elevations, specifications, material and
other information as shall be deemed necessary by the commission to enable it to make a
determination on the application.
Section 8. Meetings, Hearings, Time for Making Determinations. - Meetings of the commission
shall be held at the call of the chairman and also when called in such other manner as the
commission shall determine in its rules. Five members, including associate members, of the
commission shall constitute a quorum.
The commission shall determine promptly after the filing of an application for a certificate of
appropriateness as to exterior architectural features, whether the application involved any such
features. If the commission determines that such application involves any exterior architectural
features, the commission shall hold a public hearing on such application. The commission also
8
shall hold a public hearing on all other applications required to be filed with it under this act,
except that the commission may approve an application for a change in exterior color features
without holding a hearing if it determines that the color change proposed is appropriate.
The commission shall fix a reasonable time for the hearing on any application and shall give
public notice thereof by publishing notice of the time, place, and purpose of the hearing in a local
newspaper at least fourteen days before said hearing and also, within seven days of said hearing,
mail a copy of said notice to the applicant, to the owners of all property within 100 feet of the
applicant's property, at the adddress for such owners deemed by the commission to be affected
thereby as they appear on the most recent local tax list, to the planning board of the town, and to
such other persons as the commission shall deem entitled to notice.
As soon as convenient after such public hearing but in any event within sixty days after the filing
of the application, or within such further time as the applicant shall allow in writing, the
commission shall make a determination on the application. If the commission shall fail to make a
determination within said sixty days, or within such further time allowed by the applicant, the
commission shall be deemed to have approved the application.
Section 9. Powers, Functions, and Duties of Commission. - The commission shall have the
following powers, functions and duties:
(a) It shall pass upon: -
(1) The appropriateness of exterior architectural features of buildings and
structures to be erected within the historic districts wherever such features are
subject to view from a public street, way, or place.
(2) The appropriateness of changes in exterior color features of buildings and
structures within the historic districts wherever such features are subject to view
from a public street, way, or place.
(3) The demolition or removal of any building or structure within the historic
districts. The commission may refuse a permit for the demolition or removal of
any building or structure of architectural or historic interest, the removal of which
in the opinion of the commission would be detrimental to the public interest.
(4) The appropriateness of the erection or display of occupational, commercial or
other signs and billboards within the historic districts wherever a certificate of
appropriateness for any such sign or billboard is required under paragraph (d) of
section five.
In passing upon appropriateness, demolition or removal, the commission shall
determine whether the features, demolition or removal, sign or billboard involved
will be appropriate for the purposes of this act and, if it shall be determined to be
inappropriate, shall determine whether, owing to conditions especially affecting
the building, structure, sign or billboard involved, but not affecting the historic
9
district generally, failure to approve an application will involve a substantial
hardship to the applicant and whether such application may be approved without
substantial detriment to the public welfare and without substantial derogation
from the intent and purposes of this act. If the commission determines that the
features, demolition or removal, sign or billboard involved will be appropriate or,
although inappropriate, owing to conditions as aforesaid, failure to approve an
application will involve substantial hardship to the applicant and approval thereof
may be made without substantial detriment or derogation as aforesaid, the
commission shall approve the application; but if the commission does not so
determine, the application shall be disapproved.
In passing upon appropriateness the commission shall consider, among other
things, the historical value and significance of the building or structure, the
general design, arrangement, texture, material, and color of the features, sign or
billboard involved and the relation of such factors to similar factors of buildings
and structures in the immediate surroundings. In the case of new construction or
additions to existing buildings or structures, the commission shall consider the
appropriateness of the size and shape of the building or structure both in relation
to the land area upon which the building or structure is situated and to buildings
and structures in the vicinity. When ruling on applications for certificates of
appropriateness for solar energy systems, the commission shall also consider the
policy of the Commonwealth to encourage the use of solar energy systems and to
protect solar access. The commission shall not consider relative size of buildings
and structures, or detailed designs, interior arrangement and other building
features not subject to public view.
In approving an application the commission may impose conditions which, if the
certificate of appropriateness is acted upon, shall be binding upon the applicant,
the owner of the property and his successors in title.
The concurring vote of three members, including associate members, of the
commission shall be necessary to make a determination in favor of the applicant
on any matter upon which the commission is required to pass under this act.
(b) In the case of an approval by the commission of an application for a certificate of
appropriateness or a permit for demolition or removal, or in the event an application is
deemed approved through failure to make a determination within the time specified in
section eight, the commission shall cause a certificate of appropriateness or a permit for
demolition or removal, as the case may be, dated and signed by its chairman or chairman
pro tempore, to be issued to the applicant.
(c) In the case of disapproval of an application for a certificate of appropriateness or a
permit for demolition or removal, the commission shall cause a notice of its
determination, dated and signed by its chairman or chairman pro tempore, to be issued to
the applicant, setting forth therein the reasons for its determination, and, as to
applications for a certificate of appropriateness, the commission may make
10
recommendations to the applicant with respect to appropriateness of design, arrangement,
texture, material, color, and similar factors. The commission shall not make any
recommendations except for the purpose of preventing developments obviously
incongruous to the purposes set forth in this act.
(d) In the case of a determination by the commission that an application for a certificate
of appropriateness does not involve any exterior architectural feature, the commission
shall cause a certificate of such determination, dated and signed by its chairman or
chairman pro tempore, to be issued forthwith to the applicant.
(e) The commission shall keep a permanent record of its resolutions, transactions, and
determinations, and may make such rules and regulations consistent with this act and
prescribe such forms as it shall deem desirable and necessary.
(f) The commission shall file with the town clerk a notice of all determinations made by
it, and approvals of applications through failure of the commission to make a
determination within the time allowed under section eight, except that no notice of a
determination that an application for a certificate of appropriateness does not involve any
exterior architectural feature shall be filed.
(g) The commission may incur expenses necessary to the carrying on of its work within
the amount of its appropriation.
Section 10. Appeals. - Any person aggrieved by a determination of the commission or by an
approval of an application through failure of the commission to make a determination within the
time allowed under section eight, whether or not previously a party to the proceeding, or any
officer or board of the town may, within fifteen days after the filing of a notice of such
determination or approval with the town clerk, appeal to the superior court sitting in equity for
the county of Middlesex. The court shall hear all pertinent evidence and determine the facts and
if, upon the facts so determined, such determination or approval is found to exceed the authority
of the commission, the court shall annul such determination or approval and remand the case for
further action by the commission. The remedies provided by this section shall be exclusive; but
the parties shall have all rights of appeal and exception as in other equity cases.
Costs shall not be allowed against the commission unless it shall appear to the court that the
commission acted in bad faith or with malice in the matter from which the appeal was taken.
Costs shall not be allowed against the party appealing from such determination or approval of the
commission unless it shall appear to the court that said party acted in bad faith or with malice in
making the appeal to the court.
Section 11. Enforcement. - Any person who violates any of the provisions of this act shall be
guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten dollars nor
more than five hundred dollars. Each day during any portion of which a violation continues to
exist shall constitute a separate offense.
11
The superior court sitting in equity for the county of Middlesex shall have jurisdiction to enforce
the provisions of this act and the determinations, rulings, and regulations issued thereunder and
may restrain by injunction violations thereof and issue such other orders for relief of violations
as may be required.
In addition to the foregoing, the town of Lexington may by by-law, not inconsistent with section
21D of chapter 40 of the General Laws, provide for the noncriminal disposition of violations of
this act and the determinations, rulings and regulations issued under this act. (Added by Chapter
426 of the Acts of 2000)
Section 12. Severability of Provisions. - The provisions of this act shall be deemed to be
severable; and in case any section, paragraph or part of this act shall be held unconstitutional by
any court of competent jurisdiction, the decision of such court shall not affect or impair the
validity of any other sections, paragraphs or parts of this act.
Section 13. Effective Date of Act. - This act shall take effect upon its acceptance by the town by
vote of its town meeting members at an annual town meeting or any special town meeting called
for the purpose.
Approved June 11, 1956.
Chapter 447, Acts of 1956 accepted at a Special Town Meeting held November 19, 1956 (Article 5.).
12
Exhibit F
Historic Districts Commission Ad Hoc 40C Study Committee
Final Charge by the Board of Selectmen
Final, Adopted by BOS 10/16/17
HISTORIC DISTRICTS COMMISSION AD HOC 40C STUDY COMMITTEE
Members: Five voting members, including one representing the Lexington Historic
Districts Commission and one representing the Lexington Historical
Commission.
Appointed by: The Board of Selectmen
Length of Term: Upon completion of all recommendations to the Board of Selectmen in
accordance with the established deliverables schedule as outlined below.
Meeting Times: As determined by the Committee.
A minimum of one evening meeting to solicit public comment shall be
required.
Description: The Lexington Historic Districts Commission was created in 1956 through a
Special Act of the Legislature (Chapter 447, Acts of 1956, An Act
Establishing an Historic Districts Commission for the Town of Lexington and
Defining its Powers and Duties, and Establishing Historic Districts in the
Town of Lexington, as amended). At the time the Special Act was enacted,
only two other communities - Nantucket and Beacon Hill - had historic district
commissions. Subsequent to that time, however, many more communities
requested similar legislation and as a result in 1960 the Legislature enacted
enabling legislation in Massachusetts General Laws Chapter 40C ("40C") to
standardize the administration and practices of historic district commissions
across the Commonwealth. Of the 100+ HDCs in Massachusetts, only a few
HDCs remain outside this regulatory scheme -- 40C itself provides a
conversion mechanism. This Committee will study the provisions of 40C, the
differences between 40C and the Lexington Special Act, and the process for
conversion to 40C.
Vision: Conversion to a 40C scheme for our local historic districts may simplify the
member selection process, make regulation consistent with the
standards applied by communities across the Commonwealth, and enable the
Lexington HDC to draw on over 55 years of supportive case law interpreting
the various provisions of 40C.
Mission: To ensure that architecturally and historically important properties are
preserved, thus enhancing the character of the Town for residents and visitors;
and to ensure that the owners of these properties are treated fairly, consistently
and in accordance with statewide and local standards.
1
Deliverables:
Report addressed to Board of Selectmen with respect to process and
justification for conversion from a "Special Act" historic district commission.
to a Massachusetts General Laws Chapter 40C historic district commission.
Proposed language for Lexington bylaw.
Presentation at Annual Town Meeting of findings and proposals.
Criteria for Membership: Some members should have some familiarity with Massachusetts
General Laws Chapter 40C and the Lexington Historic Districts Special Act or the
willingness to review and understand these two laws. Some experience with existing
HDC decision-making, policies and procedures would be helpful, as well as
knowledge of historic preservation practices across the Commonwealth of
Massachusetts. A property owner within the existing HDC districts is desirable.
Staff Support: Assistant Town Manager for Development
Prior to serving as a member of this committee, members are required to:
1. Acknowledge receipt of the Summary of the Conflict of Interest Statute. Further, to
continue to serve on the Committee the member must acknowledge annually receipt of
the Summary of the Conflict of Interest Statute. Said summary will be provided by and
acknowledged to the Town Clerk.
2. Provide evidence to the Town Clerk that the appointee has completed the on-line
training requirement required by the Conflict of Interest statute. Further, to continue to
serve on the Committee, the member must acknowledge every two years completion of
the on-line training requirement.
Attachment: Massachusetts General Laws Chapter 40C \[See Exhibit B\]
2
Exhibit G
List of Massachusetts Historic District Commissions
indicating Special Act or Ch. 40C Jurisdictional Basis
LHD
Municipality LHD 40C or SA Historic District Name
Acton Yes 40C Acton Centre Historic District
Acton Yes 40C South Acton Village Historic District
Acton Yes 40C West Acton Village Historic District
Alford Yes 40C Alford Center Historic District
Amherst Yes 40C Dickinson Local Historic District
Andover Yes 40C Ballardvale Historic District
Arlington Yes 40C Avon Place Historic District
Arlington Yes 40C Broadway Historic District
Arlington Yes 40C Central Street Historic District
Arlington Yes 40C Jason/Gray Historic District
Arlington Yes 40C Mount Gilboa - Crescent Hill Historic District
Arlington Yes 40C Pleasant Street Historic District
Arlington Yes 40C Russell Street Historic District
Ashby Yes 40C Ashby Common Historic District
Barnstable Yes 40C Hyannis Main Street Waterfront Historic District
Barnstable Yes Special Act Old King's Highway Regional Historic District
Bedford Yes Special Act Bedford Historic District
Belchertown Yes 40C Belchertown Center Historic District
Belmont Yes 40C Common Street Historic District
Belmont Yes 40C Pleasant Street Historic District
Beverly Yes 40C Fish Flake Hill Historic District
Billerica Yes 40C Billerica Center Historic District
Billerica Yes 40C Billerica Mills Historic District
Billerica Yes 40C Corner Historic District
Billerica Yes 40C Richardson's Mill Historic District
Boston Yes Special Act Back Bay Architectural District
Boston Yes Special Act Bay State Road - Back Bay West Architectural
Boston Yes Special Act Bay Village Historic District
Boston Yes Special Act Beacon Hill Historic District
Boston Yes Special Act Eustis Street Architectural Conservation District
Boston Yes Special Act Lawrence Model Lodging Houses
Boston Yes Special Act Mission Hill Triangle Historic District
Boston Yes Special Act Princeton Street Architectural Conservation
Boston Yes Special Act Saint Botolph Street Area Architectural
1
Boston Yes Special Act South End Landmark District
Boxford Yes 40C Boxford Village Historic District
Boxford Yes 40C Howe Village Historic District
Boylston Yes 40C Boylston Historic District
Braintree Yes 40C Braintree Town Center Historic District
Brewster Yes Special Act Old King's Highway Regional Historic District
Bridgewater Yes 40C Bridgewater Center Historic District
Brockton Yes 40C South Street Historic District
Brookline Yes 40C Chestnut Hill North
Brookline Yes 40C Cottage Farm Local Historic District
Brookline Yes 40C Crowninshield Local Historic District
Brookline Yes 40C Graffam-Mckay Local Historic District
Brookline Yes 40C Harvard Avenue
Brookline Yes 40C Lawrence Local Historic District
Brookline Yes 40C Pill Hill Local Historic District
Cambridge Yes 40C Fort Washington Historic District
Cambridge Yes 40C Old Cambridge Historic District
Carlisle Yes 40C Carlisle Historic District
Carver Yes 40C Lakenham Historic District
Carver Yes 40C Savery Historic District
Charlton Yes 40C Northside Historic District Central
Charlton Yes 40C Northside Historic District East
Charlton Yes 40C Northside Historic District South
Chatham Yes Special Act Chatham Historic Business District
Chelmsford Yes 40C Chelmsford Center Historic District
Chicopee Yes 40C Church Street Historic District
Chicopee Yes 40C Springfield Street Historic District
Cohasset Yes 40C Cohasset Common Historic District
Concord Yes Special Act American Mile Historic District
Concord Yes Special Act Barrett Farm Historic District
Concord Yes Special Act Church Street Historic District
Concord Yes Special Act Hubbardville Historic District
Concord Yes Special Act Main Street Historic District
North Bridge - Monument Square Historic
Concord Yes Special Act District
Danvers Yes 40C Salem Village Historic District
2
Dartmouth Yes 40C Russells Mills Historic District
Dedham Yes 40C Connecticut Corner Historic District
Dedham Yes 40C Franklin Square - Court Street Historic District
Dennis Yes Special Act Old King's Highway Regional Historic District
Dennis Yes 40C South Dennis Historic District
Devens Yes Special Act Devens Historic District
Eastham Yes 40C Old Town Center Historic District
Easton Yes 40C Ames Historic District
Edgartown Yes 40C Edgartown Local Historic District
Fall River Yes 40C Highlands Local Historic District
Falmouth Yes 40C East Falmouth Historic District
Falmouth Yes 40C Falmouth Village Historic District I
Falmouth Yes 40C Falmouth Village Historic District II
Falmouth Yes 40C North Falmouth Historic District
Falmouth Yes 40C Quissett Historic District
Falmouth Yes 40C Waquoit Historic District
Falmouth Yes 40C West Falmouth Historic District
Falmouth Yes 40C Woods Hole Historic District
Fitchburg Yes 40C Monument Park Historic District
Foxborough Yes 40C Baker Street Local Historic District
Framingham Yes 40C Framingham Centre Common Historic District
Framingham Yes 40C Maynard, Jonathan Historic District
Gloucester Yes 40C Central Gloucester Historic District
Grafton Yes 40C Grafton Common Historic District
Granby Yes 40C Granby Historic District
Great
Barrington Yes 40C District A (Downtown Historic District)
Great
Barrington Yes 40C District C
Great
Barrington Yes 40C Searles Castle Historic District
Groton Yes 40C Groton Historic District #1
Groton Yes 40C Groton Historic District #2
Groton Yes 40C Groton Historic District #3
Halifax Yes 40C Halifax Local Historic District
Halifax Yes Lyonville Historic District
Hamilton Yes 40C Hamilton Historic District
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Harvard Yes 40C Harvard Common Historic District
Harvard Yes 40C Harvard Shaker Village Historic District
Harwich Yes 40C Harwich Historic District
Haverhill Yes 40C Bradford Common Local Historic District
Haverhill Yes 40C Rocks Village Historic District
Haverhill Yes 40C Washington Street Shoe Historic District
Bachelor Row - Pear Tree - Lower Main St
Hingham Yes 40C District
Hingham Yes 40C Glad Tidings Historic District
Hingham Yes 40C Hingham Centre Historic District
Hingham Yes 40C Liberty Plain Historic District
Hingham Yes 40C Lincoln Historic District
Hingham Yes 40C Tower - Wilder Historic District
Holden Yes 40C Boyden Road Historic District
Holden Yes 40C Holden Center Historic District
Holyoke Yes 40C Fairfield Avenue Historic District
Hopkinton Yes 40C Hopkinton Center Historic District
Hopkinton Yes 40C Woodville Historic District
Hudson Yes 40C Felton, Silas Historic District
Hull Yes 40C Hull Village Historic District
Huntington Yes 40C St. Thomas Local Historic District
Lawrence Yes 40C Jackson Terrace Local Historic District
Lawrence Yes 40C Mechanic's Block Local Historic District
Lawrence Yes 40C North Common Local Historic District
Lawrence Yes 40C Prospect Hill Historic District
Lenox Yes 40C Lenox Historic District
Lexington Yes Special Act Battle Green Historic District
Lexington Yes Special Act East Village Historic District
Lexington Yes Special Act Hancock - Clarke Historic District
Lexington Yes Special Act Munroe Tavern Historic District
Lincoln Yes 40C Cory-Brown-Hunt Historic District
Lincoln Yes 40C Grange Complex - Codman Estate
Lincoln Yes 40C Lincoln Center Historic District
Lincoln Yes 40C Woods End Road Historic District
Longmeadow Yes 40C The Green
Lowell Yes Special Act Downtown Lowell Historic District
4
Manchester Yes 40C Manchester Historic District
Marblehead Yes Special Act Gingerbread Hill Historic District
Marblehead Yes Special Act Old Town Historic District
Marlborough Yes 40C Monument Square Historic District
Mashpee Yes 40C Mashpee Historic District
Medfield Yes 40C Clark-Kingsbury Farm Historic District
Medfield Yes 40C Medfield State Hospital
Medfield Yes 40C Medfield Town Center Historic District
Medfield Yes 40C Metcalf, John Historic District
Medford Yes 40C Hillside Avenue Historic District
Medford Yes 40C Marm Simonds Hill District
Melrose Yes 40C Melrose Town Center Historic District
Methuen Yes 40C Searles, Tenney Nevins Historic District
Nantucket Yes Special Act Nantucket Historic District
Natick Yes 40C Henry Wilson Historic District
Natick Yes 40C John Eliot Historic District
New Bedford Yes 40C New Bedford Historic District (Waterfront)
Newburyport Yes 40C Fruit Street Local Historic District
Newton Yes 40C Auburndale Local Historic District
Newton Yes 40C Chestnut Hill Historic District
Newton Yes 40C Newtonville Local Historic District
Newton Yes 40C Upper Falls Historic District
North Andover Yes 40C North Andover Historic District
North Reading Yes 40C Center Village Historic District
Northampton Yes 40C Elm Street Historic District
Northborough Yes 40C Meeting House Common Hist. Dist.
Norton Yes 40C Norton Historic District
Oak Bluffs Yes 40C Cottage City Historic District Commission
Orleans Yes Special Act Old Kings Highway Regional Historic District
Paxton Yes 40C Paxton Historic District
Pembroke Yes 40C North Pembroke Historic District
Pembroke Yes 40C Pembroke Center Historic District
Petersham Yes Special Act Petersham Historic District
Plymouth Yes 40C Plymouth Historic District
Plympton Yes 40C Harrub's Corner Historic District
Provincetown Yes 40C Provincetown Historic District
5
Quincy Yes 40C Adams Birthplace Historic District
Quincy Yes 40C Quincy Center Local Historic District
Reading Yes 40C West Street Local Historic District
Rochester Yes 40C Rochester Center Historic District
Rockport Yes 40C Broadway Historic District
Rockport Yes 40C Downtown Historic District
Rockport Yes 40C Main Street Historic District
Rockport Yes 40C Mount Pleasant - South Street Historic District
Rowley Yes 40C Glen Mills Historic District
Rowley Yes 40C Rowley Center Historic District
Royalston Yes 40C Royalston Historic District
Salem Yes 40C Derby Street Local Historic District
Salem Yes 40C Lafayette Street Historic District
Salem Yes 40C McIntire Historic District
Salem Yes 40C Washington Square Local Hist. Dist.
Sandwich Yes Special Act Old King's Highway Regional Historic District
Sharon Yes 40C Cobb's Tavern Historic District
Sharon Yes 40C Historic District III
Sharon Yes 40C Sharon Historic District
Sheffield Yes 40C Ashley Falls Historic District
Sherborn Yes 40C Sherborn Center Local Historic District
Shirley Yes 40C Shirley Center Local Historic District
Shrewsbury Yes 40C Artemas Ward Homestead District
Shrewsbury Yes 40C Shrewsbury (Town Common) Historic District
Somerville Yes 40C Bow Street Historic District
Somerville Yes 40C Campbell Park - Meacham Road Historic District
Somerville Yes 40C Central/Atherton/Spring/Summer Streets LHD
Somerville Yes 40C Chester Street Historic District
Columbus Avenue - Warren Avenue Historic
Somerville Yes 40C District
Somerville Yes 40C Dane Street Local Historic District
Somerville Yes 40C Florence-Myrtle Local Historic District
Somerville Yes 40C Lower Franklin Street Local Historic District
Somerville Yes 40C Morrison Avenue Local Historic District
Somerville Yes 40C Pleasant Avenue Historic District
Somerville Yes 40C Single Property Local Historic Districts
6
Somerville Yes 40C Westwood Road Historic District
Springfield Yes 40C Ames Hill - Crescent Hill District
Springfield Yes 40C Colony Hills Local Historic District
Springfield Yes 40C Forest Park Heights Historic District
Springfield Yes 40C Immaculate Conception Church
Springfield Yes 40C Lower Maple Street Historic District
Springfield Yes 40C Maple Hill Historic District
Springfield Yes 40C McKnight Historic District
Springfield Yes 40C Our Lady Of Hope Local Historic District
Springfield Yes 40C Quadrangle - Mattoon Street Historic District
Springfield Yes 40C Ridgewood Historic District
Sudbury Yes Special Act George Pitts Tavern Historic District
Sudbury Yes Special Act King Philip Historic District
Sudbury Yes Special Act Old Sudbury Historic District
Sudbury Yes Special Act The Wayside Inn Historic District
Swampscott Yes 40C Olmsted Historic District
Taunton Yes 40C Church Green Local Historic District
Tisbury Yes 40C William Street Historic District
Topsfield Yes 40C Topsfield Common Historic District
Townsend Yes 40C Townsend Historic District I
Townsend Yes 40C Townsend Historic District II
Townsend Yes 40C Townsend Historic District III
Uxbridge Town Common and Center Historic
Uxbridge Yes 40C District
Wareham Yes 40C Center Park Historic District
Wareham Yes 40C Narrows Historic District
Wareham Yes 40C Parker Mills Historic District
Watertown Yes 40C Watertown Historic District
Wayland Yes 40C Bow Road Historic District
Wayland Yes 40C Wayland Center Historic District
Wellesley Yes 40C Cottage Street Local Historic District
Wellesley Yes 40C Methodist Meeting House Historic District
Wellesley Yes 40C Tufts House Historic District
Wenham Yes 40C Wenham Historic District
West Newbury Yes 40C West Newbury Training Field Historic District
West
Springfield Yes 40C Broadway Historic District
7
West
Springfield Yes 40C White Church Historic District
West Tisbury Yes 40C West Tisbury Historic District
Weston Yes 40C Crescent Street Historic District
Westport Yes 40C Westport Point Historic District
Winchendon Yes 40C Winchendon Center Historic District
Woburn Yes 40C Baldwin Homestead Historic District
Worcester Yes 40C Crown Hill Local Historic District
Worcester Yes 40C Massachusetts Avenue Historic District
Worcester Yes 40C Montvale Historic District
Yarmouth Yes Special Act Old King's Highway Regional Historic District
8
Exhibit H
Chart listing Special Act Historic District Commissions
Appointment Processes
Special Act Historic District Commissions Appointments
Bedford
- appointed by BOS
-5 members, 2 alternates
- 1 from 2 nominated by historical society
- 1 resident of historic district
- 1 attorney
Boston
- appointed by Mayor
- 9 members and 9 alternates, residing in City
- 2 from 4 candidates registered architects, nominated by Boston Society of Architects
- 1 from 2 architectural historians, nominated by Historic New England
- 1 from 2 city planners, nominated by regional chapter of American Institute of Planners
- 1 from 2 landscape architects, nominated by Boston Society of Landscape Architects
- 1 from 2 candidates nominated by Greater Boston Real Estate Board
- 1 from 2 candidates nominated by Greater Boston Chamber of Commerce
- 2 selected at large by mayor "and who by reasons of experience or education have
demonstrated knowledge and concern for conservation and enhancement of those
physical features of the city which are important to its distinctive character"
Chatham
- appointed by BOS
- 5 members
- The selectmen in making such appointments shall use reasonable efforts to include 1 architect
or builder, 1 realtor, 1 historian or person with experience in historic preservation, and 1 person
with present or past business experience, with consideration being given to a person who
presently or previously has owned or operated a business within the historic business district.
- plus 2 alternate members
Concord
- appointed by BOS
- 5 members, all residents of Concord
- 1 from 2 candidates nominated by Concord Antiquarian Society (dba Concord Museum)
- 1 from 2 candidates nominated by Concord Free Public Library
- 1 from 2 candidates nominated by Concord Planning Board
- 1 from 2 candidates nominated by Concord Natural Resources Commission
- 1 appointed at large by BOS
- 5 associate members nominated by above bodies
Lowell
- 9 members
5 appointed by City Manager, confirmed by City Council:
- 1 attorney from 2 nominated by Lowell Bar Association
- 1 from 2 nominated by Lowell Historical Society
1
- 1 from planning board
- 1 "having an interest in real estate within the downtown district" from 2
nominated by chamber of commerce in consultation with Downtown Business
Association and who is a member of both organizations;
- 1 from 2 architects nominated by local chapter of American Institute of Architects
- director of city division of planning and development
- 1 appointed by chair of Lowell historic preservation commission
- 1 appointed by superintendent of Lowell National Historical Park
- 1 appointed by commissioner of environmental management of the executive office of
environmental affairs (now DCR)
Marblehead
- not less than 3 nor more than 5 members, all residents of Marblehead residing in historic district
- appointed by BOS for terms of 1 year
- can be removed by BOS at its pleasure
- 2 alternates
Nantucket
- 5 members, residents of Nantucket
- appointed by BOS
- 3 associate members
Old Kings Highway Regional HDC
Commission:
- 6 members, chairs of town historic committees of Sandwich, Barnstable, Yarmouth, Dennis,
Brewster, and Orleans
Committees:
-appointed by BOS
- 5 members, 4 or 3 of whom are residents of the district
1 registered architect, not necessarily resident of district, or if none, building contractor
with not less than 5 years' experience in the building trades
Petersham
- appointed by BOS
- 5 members, at least 4 voting residents
- 1 registered architect or person with architectural training and background
- 1 from 2 nominated by Petersham Historical Society
- 1 from voters of historic district
- 1 "who in the opinion of the BOS is qualified by reason of his experience in the building
trades"
- 1 from 2 nominated by planning board
Sudbury
- appointed by BOS
- 5 members, residents and voters
2
- 1 registered architect, or who in the opinion of the BOS by reason of his experience in the
building trades is qualified
- 3 appointed from among voters of various HDs
- 1 from 2 nominated by Sudbury Historical Commission
* * *
MGL Ch. 40C Historic District Commission Appointments
-appointed by City Council and Mayor or BOS
- not less than 3 nor more than 7 members
- 1 from 2 nominated by local historical society
- 1 from 2 nominated by local chapter of AIA
- 1 from 2 nominated by local board of realtors, if any
unless alternate or additional organizations would be more appropriate
- alternate members need not be from above organizations
3